Deck 6: Tort Law

Question 1

For fraud to occur,seller's talk must be involved.

Answer 1

False

Question 2

Moral pressure constitutes false imprisonment.

Answer 2

False

Question 3

The purpose of tort law is to provide remedies for the violation of various protected interests.

Answer 3

True

Question 4

The bases of all torts are wrongs and compensation.

Question 5

The taking of electronic records and data can form the basis of a conversion claim.

Question 6

False imprisonment occurs when a person restrains another intentionally and without justification.

Question 7

Through tort law,society compensates those who inflict injuries on others.

Question 8

Fraud occurs only when there is justifiable reliance on a true statement.

Question 9

The most widely used defense in negligence actions is consent.

Question 10

Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

Question 11

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

Question 12

A defamatory statement must be communicated to a third party to be actionable.

Question 13

A successful defense releases the defendant from liability for a tortious act.

Question 14

A tortfeasor is one who wrongfully alleges that a tort has been committed.

Question 15

Defense of others is a defense to an allegation of assault.

Question 16

Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

Question 17

Tort law provides remedies for acts that cause damage to property.

Question 18

An individual's privacy is invaded if his or her likeness is used for commercial purposes without permission.

Question 19

To commit an intentional tort,a person must have an evil or harmful motive.

Question 20

Defense of others is a defense to an allegation of battery.

Question 21

To avoid liability for negligence,a business owner must protect its customers against all risks.

Question 22

Under the doctrine of comparative negligence,only the plaintiff's negligence is taken into consideration.

Question 23

A person assumes all risks associated with any activity in which he or she participates.

Question 24

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

Question 25

Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury.Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of​

A)battery.
B)conversion.
C)invasion of privacy.
D)trespass.

Question 26

If no harm results from an allegedly negligent act,there is no liability.

Question 27

Power Trucking Company operates a fleet of fuel trucks.When one of the trucks is positioned to receive a load,it strikes a storage tank owned by Quality Fuel,Inc.For the cost of repairing the damage to the tank,Quality Fuel is most likely to be awarded​

A)compensatory damages.
B)punitive damages.
C)contingency fees.
D)general damages.

Question 28

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

Question 29

Specifically targeting the customers of a competitor is always a legitimate business practice.

Question 30

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

Question 31

Louann pushes Molly,who falls and breaks her wrist.Louann is liable for the injury​

A)if Louann intended to push Moly.
B)only if Louann did not intend to break Moly's wrist.
C)only if Louann had a bad motive for pushing Moly.
D)only if Louann intended to break Moly's wrist.

Question 32

Only persons who are explicitly invited onto a business's premises are considered business invitees.

Question 33

Conversion is limited to theft.

Question 34

Jon wants to buy Kim's land,but she refuses to sell.Jon begins using subpoenas,court orders,and other formal legal procedures in an unrelenting effort to force Kim to sell.This is​

A)abuse of process.
B)appropriation.
C)wrongful interference with a contractual relationship.
D)not a tort.

Question 35

After a dinner at Rosario's Italian Café,Susie believes that she was overcharged and shoves Theo,the waiter.Theo sues Susie,alleging that the shove was a battery.Susis is liable​

A)if Rosario's did not actually overcharge Susis.
B)if the shove was offensive.
C)if Susis acted out of malice.
D)under no circumstances-there was no physical injury.

Question 36

Some risks are obvious but,with respect to the duty of care required to establish negligence,a warning is always necessary.

Question 37

A plaintiff who voluntarily enters into a risky situation,knowing the risk involved,will be allowed to recover for any consequent injury.

Question 38

Failure to live up to a standard of care may be an act or an omission.

Question 39

Under the theory of negligence,the duty of care requires an intentional act.

Question 40

Disparagement of property is a general term for the specific tort of appropriation.

Question 41

Basil,a clerk at Cycle World,takes a bicycle from the store without the owner's permission.Basil is liable for conversion​

A)if he damages the bicycle.
B)if he does not have a good reason for taking the bicycle.
C)if he fails to prevent a theft of the bicycle from his possession.
D)under any circumstances.

Question 42

Diego is arrested for a theft committed by someone who stole his identity.A court orders his release,but due to a police error in Diego's paperwork,he is held in jail for a month.The police are most likely liable for​

A)abuse of process.
B)false imprisonment.
C)malicious prosecution.
D)none of the choices.

Question 43

Kojo,a LifeCare Medical Supplies salesperson,follows Malin,a salesperson for National Medco Products,a LifeCare competitor,as Malin visits medical clinics,doctors' offices,hospitals,and other locations to make sales.Kojo solicits each of Malin's customers.Kojo is most likely liable for​

A)conversion.
B)no tort.
C)wrongful interference with a business relationship.
D)trade libel.

Question 44

As a joke,Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam.Jem may have committed​

A)appropriation.
B)conversion.
C)disparagement of property.
D)trespass to personal property.

Question 45

Beth makes and markets cosmetics.For an ad,Beth superimposes her logo onto a photo of Chelsea,a famous model,suggesting that Chelsea uses Beth's products.Beth does not ask Chelsea's permission.Beth is most likely liable to Chelsea for​

A)trespass.
B)fraudulent misrepresentation.
C)defamation.
D)appropriation.

Question 46

Bess,an accountant,distributes a handbill to her business clients and potential customers accusing her competitor Ciera of being a convicted thief.The statement is defamatory if​

A)a recipient of a handbill repeats it.
B)Ciera suffers emotional distress.
C)the statement is true.
D)the statement is false.

Question 47

Brad knows that the brakes on his truck do not work,but he tells Chris,a potential buyer,that there are no problems.On this assurance,Chris buys the truck.On learning the truth,she may sue Brad for​

A)trade libel.
B)conversion.
C)fraudulent misrepresentation.
D)no tort.

Question 48

Manuel is walking past Tomas's house when he hears a smoke alarm going off.He also hears a child calling for help and sees smoke coming from a window.Manuel rushes into Tomas's house,finds the child and brings it outside.If Tomas sues Manuel for trespass to land,Manuel's defense will probably be​

A)assisting someone in danger.
B)consent.
C)self-defense.
D)the reasonable person defense.

Question 49

Fifi,a clerk at a Games n' Gamers store,takes a video game player and a selection of new games from the store without permission.Fifi is liable for​

A)appropriation.
B)no tort.
C)conversion.
D)wrongful interference with a business relationship.

Question 50

Quint sells cars for Rough Ride Motors.To make a sale,he asserts that a certain model of a Swifty auto is the "best one ever made." This is​

A)fraud even if the statement is the truth.
B)fraud if Quint believes that the statement is not true.
C)fraud if Quint is stating his opinion,not the facts.
D)not fraud.

Question 51

Oliver slips and falls on Port Harbor's Tour Boat and is injured.Oliver files a suit against Port Harbor for $500,000.If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault,under the "50 percent rule," Oliver would recover​

A)$0.
B)$250,000.
C)$400,000.
D)$500,000.

Question 52

Felix tells Genie,a prospective tenant,that the roof of the Hillside Apartments building does not leak when Felix knows that it does.This may give rise to an action for fraud,because the statement is one of​

A)puffery.
B)fact.
C)illusion.
D)opinion.

Question 53

In a tweet to Clyde,a reporter for the site Blast,Ethan accuses Financial Services Corporation of cheating on its taxes.If false,making this statement is​

A)defamation.
B)not defamation because it is an opinion.
C)not defamation because it was not communicated orally.
D)not defamation because it was communicated to only one person.

Question 54

Outdoor Sports Unlimited,a retail store,must use reasonable care on its premises to warn its customers of​

A)all risks.
B)foreseeable risks.
C)obvious risks.
D)no risks.

Question 55

In a digital billboard ad,Mainstream Headwaters falsely accuses Northwest Passages,a competitor,of selling stolen kayaks,canoes,and other boats and boating gear.Northwest's sales decrease.Mainstream has most likely committed​

A)defamation.
B)no tort.
C)slander of quality.
D)slander of title.

Question 56

Gary accuses Helen,a broker with Investment Services,of fraudulently inducing him to invest in Junkbonds Inc. ,after the company's stock price declines in value.The reliance that gives rise to liability for fraud requires​

A)a subjective statement.
B)misrepresentation of a fact knowing that it is false.
C)puffery.
D)seller's talk.

Question 57

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity.This is​

A)appropriation.
B)conversion.
C)wrongful interference with a contractual relationship.
D)none of the choices.

Question 58

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as​

A)a blameless person.
B)a faultless person.
C)a careless person.
D)a reasonable person.

Question 59

David trespasses on Expo Corporation's property.Through the use of reasonable force,Expo's security guard detains David until the police arrive.Expo is liable for

A)assault.
B)battery.
C)false imprisonment.
D)none of the choices.

Question 60

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​

A)does not have Bella's permission to drive on the property.
B)drives onto the property for recreational purposes.
C)harms the property in a material way.
D)harms the property in any way.

Question 61

Dixie,a driver for Express Delivery Company,leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery.The truck rolls and crashes into a nearby gas station pump,igniting a fire that spreads quickly to a construction site a block away.A burned wall collapses onto a crane,which falls on Fazio,a bystander,and injures him.What must Fazio show to recover damages from Express Delivery?​

Question 62

Richard,an engineer,supervises the construction of a new mountainside roadway.When the road collapses in a landslide due to faulty grading,Richard is sued by motorists and hikers injured in the collapse.As a professional,Richard is held to the same standard of care as​

A)ordinary persons.
B)other engineers.
C)other professionals,including doctors,dentists,and lawyers.
D)those injured in the collapse of the bridge.

Question 63

Precision Craft,Inc. ,makes tools.While using a Precision tool to replace an electrical fixture,Stan neglects to shut off the power and is electrocuted.Stan's heirs file a suit against Precision.In a contributory negligence jurisdiction,the plaintiffs could recover​

A)only if both parties were equally at fault.
B)only if Stan was less than 50 percent at fault.
C)only if Precision was more than 51 percent at fault.
D)nothing.

Question 64

A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale,a driver for Interstate Trucking,Inc. ,is driving and talking on his cell phone when his rig collides with Jocelyn's car,injuring her.Jocelyn's best theory for recovery against Hale and Interstate Trucking is​

A)a Good Samaritan statute.
B)negligence per se.
C)res ipsa loquitur.
D)the "danger invites rescue" doctrine.

Question 65

Cal is driving a car in which Duff is a passenger when an accident occurs.Cal and Duff are emotionally rattled,but neither is physically hurt.Cal is not liable to Duff on a negligence theory because​

A)both parties were emotionally rattled.
B)Cal did not apparently intend to cause an accident.
C)Duff must have been comparatively negligent.
D)Duff was not injured.

Question 66

Ichiro is injured in a two-car accident and sues Heather,the driver of the other vehicle,alleging negligence.Heather claims that Ichiro was driving more carelessly than she was.Comparative negligence may reduce Ichiro's recovery​

A)even if Ichiro was only slightly at fault.
B)only if both parties were equally at fault.
C)only if Ichiro was less at fault than Heather.
D)only if Ichiro was more at fault than Heather.

Question 67

Driving his motorcycle negligently,Joe crashes into a streetlight.The streetlight falls onto Kim,who is standing nearby,resulting in her death.But for Joe's negligence,Kim would not have died.Regarding the death,the crash is​

A)the cause in fact.
B)the intervening cause.
C)the proximate cause.
D)the superseding cause.

Question 68

An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons.Jasper's Fun Park fails to maintain its equipment.Kaitlin,a patron,is thereby injured.Jasper's committed​

A)assault.
B)battery.
C)false imprisonment.
D)negligence.

Question 69

Robin is a spectator at State Tennis Tournament,an athletic competition.Regarding the risk of injury,Robin assumes the risks​

A)attributable to the tournament in any way.
B)different from the risks normally associated with the tournament.
C)greater than the risks normally associated with the tournament.
D)normally associated with the tournament.

Question 70

Data Analytics,Inc. ,and eProducts Corporation market competing software products.Data Analytics launches an advertising campaign claiming that eProducts,instead of testing software before it is marketed,has customers "test" the software by using it.eProducts knows this is not true but begins to lose sales to Data Analytics.On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?​

Question 71

Omar,a driver for Piece'a Pizza Delivery Service,causes a multi-vehicle accident on a city street.Omar and Piece'a Pizza are liable to​

A)all those who were injured.
B)only those who were uninsured.
C)only those whose injuries could have been reasonably foreseen.
D)only those whose vehicles were closest to Omar's vehicle.

Question 72

Elise,an emergency medical technician renders aid to a participant in Forest Trail Marathon,an athletic event.Regarding a suit by the participant against Elise for negligence,Elise is immune from liability under​

A)no circumstances.
B)the doctrine of res ipsa loquitur.
C)the "danger invites rescue" doctrine.
D)an applicable Good Samaritan statute.