Exam 8: Torts

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Dan is a famous syndicated radio personality for BratRadio.He has a distinctive voice and manner of speaking.MoreTalk, BratRadio's competitor hires Gordon, who sounds nearly identical to Dan, to host a competing show.MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air.MoreTalk is most likely to be liable for:

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C

Offensive language used by one person to describe another constitutes the tort of slander.

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False

The tort of invasion of privacy requires the reasonable intrusion into one's private affairs.

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False

In a state that has the comparative negligence doctrine with a "50 percent" rule, a jury finds that Bill is 35% liable for his own injuries in a negligence suit he brought against Tina.In this situation, Bill will recover:

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The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

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People generally have a duty to act as a reasonably prudent person would in similar circumstances.

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Oral or spoken defamation is:

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If a crime does not hurt an identifiable person, it is not a tort.

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In order to establish the tort of false imprisonment, a person must show imprisonment for:

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Bruce opens a used car lot but has difficulty competing with Humdinger Motors, a much larger used car lot down the street. In his newspaper ad, Bruce includes the false statement, "Humdinger sells cars with defective titles." Humdinger experiences an immediate decrease in sales.Bruce has most likely committed the tort of:

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When contributory negligence is proven, damages awarded are reduced based on the plaintiff's degree of fault but the plaintiff can still recover some damages.

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U.S.Senator Jones enjoys an absolute privilege when she is speaking on the floor of the Senate.

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Assault is the intentional, wrongful touching of another person without that person's consent.

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John was driving his car in a careless way, failing to drive as a reasonably prudent person would under the driving conditions.Ramona was crossing the street in a careless way, failing to cross as a reasonably prudent person would.John struck and injured Ramona with the car John was driving.At trial, it was determined that John was 80 percent at fault and that Ramona was 20 percent at fault.The injuries sustained amounted to $100,000.Explain how much, if any, recovery Ramona would receive in a state that applies the contributory negligence rule.Do the same thing for a state that applies the comparative negligence rule.

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Philip Laws leased an apartment from Candice Sutton.Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair.Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night.Sutton promised to repair the steps while Laws was away on a business trip.Accordingly, Laws did not leave lights on during his absence.When he returned three nights later, Laws was injured when one of the steps broke under his weight as he was entering his apartment.Laws sued Sutton.Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area.Based on what you have learned in this chapter, decide the case.

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Maria intentionally attempts to have Patty break a contract with Alfred.Maria will be liable under which theory of tort?

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Interactive web sites are immune from liability for content created by a third-party user, unless the web site actively edits the content.

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Plaintiffs are typically awarded punitive damages in negligence cases.

(True/False)
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The tort of invasion of privacy includes all of the following except:

(Multiple Choice)
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John owed Barney money.Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight.Barney might be liable for:

(Multiple Choice)
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