Deck 6: Torts

Question 1

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

Answer 1

True

Question 2

The goal of tort law is to put a defendant in the position that he or she would have been in had the tort occurred to the defendant.

Answer 2

False

Question 3

Negligence per se may occur if an individual violates a statute or an ordinance providing for a criminal penalty and the violation causes another to be injured.

Answer 3

True

Question 4

A misrepresentation leads another to believer in a condition that is different from the condition that actually exists.

Question 5

Abuse of process applies to any person using a legal process against another in an improper manner.

Question 6

There are three broad classifications of torts: intentional torts, unintentional torts, and accidental torts..

Question 7

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

Question 8

Under the doctrine of comparative negligence, only the plaintiff's negligence is computed and the liability for damages is distributed accordingly.

Question 9

Two notions serve as the basis for all torts: wrongs and compensation.

Question 10

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

Question 11

Moral pressure constitutes false imprisonment.

Question 12

Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing.

Question 13

The tort of trespass to land is designed to protect the right of an owner to exclusive possession.

Question 14

Judges use proximate cause to limit the scope of a defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's negligence.

Question 15

The duty to exercise reasonable care requires storeowners to warn business invitees of all risks.

Question 16

Courts apply the assumption of risk doctrine only in emergency situations.

Question 17

Most states do not allow automobile repair shops to hold a customer's car when the customer refuses to pay for repairs already completed.

Question 18

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

Question 19

Tort law provides remedies for acts that cause personal injury but not for acts that interfere with physical security.

Question 20

When outrageous conduct consists of speech about a public figure, the First Amendment's guarantee of freedom of speech limits emotional distress claims.

Question 21

Hayley is injured in an incident precipitated by Isolde. Hayley files a tort action against Isolde, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are

A) compensatory damages.
B) reimbursement damages.
C) actual damages.
D) punitive damages.

Question 22

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) conversion.
C) malicious prosecution.
D) wrongful interference with a business relationship.

Question 23

Precision Crafted Tools, Inc., makes tools for consumers and construction professionals. While using a Precision Crafted tool to replace an electrical fixture, Quinn neglects to shut off the power and is electrocuted. Quinn's heirs file a suit against Precision Crafted. In a contributory negligence jurisdiction, the plaintiffs could recover

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

Question 24

Oakes enters Parnell's property to read an electric meter. Parnell asks Oakes to leave. Oakes refuses. Oakes has most likely committed

A) trespass to land.
B) trespass to personal property.
C) slander of title.
D) no tort.

Question 25

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue

A) Ladd.
B) Minh.
C) the rightful owner of the rock.
D) no one.

Question 26

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Gooey Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful inter?ference with a

A) bargaining relationship.
B) business relationship.
C) contractual relationship.
D) customer relationship.

Question 27

Rafi, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Rafi and Speedy 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 Rafi's van.

Question 28

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

A) a recipient of one of the handbills repeats it.
B) Ked suffers emotional distress.
C) the statement is true.
D) the statement is false.

Question 29

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) wrongful interference with a contractual relationship.
C) no tort.
D) wrongful interference with a business relationship.

Question 30

Bette backs out of City Parking Garage, colliding with Dill's car and thereby causing damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as

A) a blameless person. b a faultless person.
C) a professional person.
D) a reasonable person.

Question 31

Luella trespasses on Merchandise Mart's property. Through the use of rea?sonable force, Merchandise Mart's security guard Norris detains Luella until the police ar?rive. Merchandise Mart is liable for

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

Question 32

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is injured. Jack's has committed

A) a violation of a dram shop act.
B) negligence per se.
C) res ipsa loquitur.
D) a violation of a Good Samaritan statute.

Question 33

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, under the "50 percent rule" comparative neg?ligence principles, Oliver would recover

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

Question 34

Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer design program to show a famous model using Jayne's lipstick. Jayne does not ask the model's permission. The model can sue Jayne for

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

Question 35

Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because

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

Question 36

In advertising circulars, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars. Hi-Value's sales decrease. Lo-Price has most likely committed

A) slander of quality.
B) slander of title.
C) wrongful interference with a business relationship.
D) none of the choices.

Question 37

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

A) fraud if the statement is not true.
B) fraud if Jenny Lee believes that this statement is not true.
C) fraud if Jenny Lee is stating her opinion, not the facts.
D) not fraud.

Question 38

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for

A) trade libel.
B) conversion.
C) fraudulent misrepresentation.
D) appropriation.

Question 39

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

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

Question 40

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

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

Question 41

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 grounds could eProducts sue Data Analytics for injury to eProducts' reputation?

Question 42

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 col?lapses onto a crane, which falls on Fazio, a by?stander, and injures him. What must Fazio show to recover dam?ages from Express Delivery?