Exam 4: Torts and Cyber Torts

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Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks

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D

A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine.Steel Company's (SC's)equipment does not have the switches.Trudy,an SC employee,suffers an injury that an accessible shut-off switch would have prevented.Trudy's best theory for recovery against SC is

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Bella owns a farm in Colorado.Doyle drives his sport utility vehicle off a highway and onto Bella's land.Doyle commits trespass if he

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A

Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system.Retail Outlets,Inc,Quik's competitor,induces Sam,a Precise subcontractor who is writing code for the Quik software,to delay delivery of the code for one week.As a result,Precise's delivery of the software is delayed,and Quik sustains $500,000 in lost profits.On what ground could Quik recover damages from Retail Outlets

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Self-defense is a defense to negligence.

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Ralph,a van driver for Speedy Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to

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The extreme risk of an activity is a primary basis for imposing strict liability.

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After two years of research and an investment of a substantial amount of money,Coast-to-Coast Company (CC)develops a new product that it hopes will produce substantial profits.CC learns that a competitor,National Sales,Inc.,has made and begun to sell a nearly identical product.CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development.What legal recourse does CC have against National

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Under a dram shop act,liability can be imposed without proof of negligence.

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Dru tells his Excel Company coworkers that Fiona,Excel's office manager,is stealing from their employer.The statement is defamatory only if

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Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender.The statement is defamatory only if

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If it can be shown that a trespass to land was warranted,a complete defense exists.

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Publishing false information about another's product is conversion.

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Tortfeasor is the term for a person who commits a tort.

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Jim is an appliance salesperson.To make a sale,he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

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If it can be shown that a trespass to personal property was warranted,a complete defense exists.

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In newspaper ads,Lo-Price Autos falsely accuses My-T Value Vehicles,a competitor,of selling stolen cars.My-T's sales decrease.Lo-Price has most likely committed

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An individual's right to privacy includes the exclusive use of his or her identity.

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Ike pushes Joan,who falls and breaks her arm.Ike is liable for the injury

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Under the doctrine of strict liability,liability is imposed strictly according to fault.

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