Deck 22: Misrepresentation, Tortious Interference, and Other Torts

Question 1

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
specific economic losses

Answer 1

N

Question 2

Ed wants to sell his car to Bob, a neighbor.Ed tells Bob that the car is in excellent condition.Ed does not know that there is a serious crack in the crankshaft.Bob buys the car.A week later he is in an accident caused by the defective crankshaft.He sues Ed for misrepresentation.________

A)Bob's misrepresentation action will succeed because there was scienter.
B)Bob's misrepresentation action will fail because there was no scienter.
C)Bob's misrepresentation action will succeed because Ed was careless in failing to tell Bob about the crack in the crankshaft.
D)Bob's misrepresentation action will fail because Ed is not a merchant.

Answer 2

B

Question 3

It is a tort to interfere with contract relations by intentionally inducing another to breach a contract or to make it impossible or more difficult to perform.

Answer 3

True

Question 4

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
can be ended for any reason that does not violate public policy

Question 5

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
intent to mislead

Question 6

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
a justifiable reason

Question 7

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
a statement that can be proven true or false

Question 8

You cannot commit the tort of interference with contract relations if the contract was voidable.

Question 9

You cannot commit the tort of interference with contract relations if the contract violated public policy.

Question 10

It is not an interference with prospective advantage for the defendant to use fair competitive tactics against the business of the plaintiff.

Question 11

Mary works for Sam as an accountant.She is an employee at will.One day she calls the hotline of the Internal Revenue Service to tell the IRS that Sam often pays some of his workers in cash so that he does not have to withhold taxes.When Sam finds out, he fires Mary________.

A)The firing is not a wrongful discharge because Mary should have told Sam about her objection before contacting the IRS.
B)The firing is a wrongful discharge even though it does not violate public policy.
C)The firing is a wrongful discharge even though it was not retaliatory.
D)The firing is a wrongful discharge because it violates public policy.

Question 12

A fiduciary relationship exists when one of the parties owes the other loyalty, candor, and fair treatment.

Question 13

The tort of wrongful discharge can be committed against an employee at will.

Question 14

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
having an improper purpose

Question 15

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
one person owes another loyalty and candor

Question 16

Dram shop liability can result from selling intoxicating liquor to someone who then injures a third person due, in part, to the intoxication.

Question 17

An opinion is a statement of fact that can be objectively verified as true or false.

Question 18

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
catch-all tort

Question 19

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
discrediting an opponent's business

Question 20

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
unreasonable delay in settling a claim

Question 21

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
unenforceable at the option of one of the parties

Question 22

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
cause of action covering pecuniary loss caused by false statements

Question 23

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
important to a decision

Question 24

What is "veggie libel"?

Question 25

What is bad faith liability?

Question 26

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
expected exaggeration

Question 27

How can you show that the defendant intended to deceive the plaintiff?

Question 28

Why is puffing not a basis for the tort of misrepresentation?

Question 29

What interest is protected by the tort of misrepresentation?

Question 30

Name several ways that a fact can be communicated.

Question 31

When is reliance justifiable?

Question 32

In disparagement, distinguish between slander of title and trade libel.

Question 33

MATCHING
a.misrepresentation
i.malicious
b.fact
j.cause
c.puffing
k.disparagement
d.fiduciary relationship
l.special damages
e.scienter
m.prima facie tort
f.material
n.bad faith liability
g.voidable
o.dram shop liability
h.terminable at will
liability based on the sale of intoxicating liquor