Question 1

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 bystander, and injures him. What must Fazio show to recover damages from Express Delivery?

Accepted Answer

To recover on the ground of negligence, Fazio must show that Express Delivery owed him a duty of care, that Express Delivery (through Dixie) breached that duty, that Fazio was injured, and that Express Delivery's breach caused that injury. 
There is no question that in operating the truck, Dixie was acting on Express Delivery's behalf and that her actions breached the duty of reasonable care necessary to park the truck. Also, Fazio was injured by a crane falling on him, not by his own negligence. Liability turns on whether Fazio can connect Dixie's breach of duty to his injury. Fazio must show that the chain of events was a foreseeable result of Dixie's carelessness. The issue of foreseeability is determined by the test of proximate cause, the connection needed for Fazio's recovery of damages.

Question 2

Common types of trespass to land include placing part of one's building on an adjoining landowner's property .

Accepted Answer

A) True 
 B)False  True

Question 3

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

Accepted Answer

A) True 
 B)False  True

Question 4

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kris. But for Jack's negligence, Kris would not have died. Regarding the death, the crash is

Accepted Answer

A)   the cause in fact.
B)   the intervening cause.
C)   the assumption of the risk.
D)   the superseding cause.

Question 5

Tort law is intended to compensate society as a whole for a wrong committed against it by an individual.

Accepted Answer

A) True 
 B)False

Question 6

An intentional tort requires intent to commit the act that causes harm, but does not require the intent to cause the harm .

Accepted Answer

A) True 
 B)False

Question 7

Business torts are wrongs committed by an individual or a company against an individual or a company related to business.

Accepted Answer

A) True 
 B)False

Question 8

Probable cause to believe someone has shoplifted is a defense to a charge of false imprisonment in some states.

Accepted Answer

A) True 
 B)False

Question 9

Fraud exists when a person represents as a fact something he or she knows (or should know) is untrue.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

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 11

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

Accepted Answer

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

Question 12

The reliance that gives rise to liability for fraud requires

Accepted Answer

A)   a threat of physical force.
B)   a misrepresentation of fact knowing that it is false.
C)   puffery.
D)   a statement communicated to at least one person other than the plaintiff.

Question 13

Ida slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ida is more than 50 percent at fault, she will recover

Accepted Answer

A)   nothing.
B)   half of the expenses.
C)   the amount of the expenses attributable to Jet's fault.
D)   the entire amount of the expenses.

Question 14

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

Accepted Answer

A)   even if Ichiro was only slightly at fault.
B)   only if Ichiro and Heather 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 15

An intentional tort does not require an evil or harmful motive.

Accepted Answer

A) True 
 B)False

Question 16

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, can still recover for negligence.

Accepted Answer

A) True 
 B)False

Question 17

The elements of negligence include intent .

Accepted Answer

A) True 
 B)False

Question 18

Businesses have a duty to exercise reasonable care to protect business invitees.

Accepted Answer

A) True 
 B)False

Question 19

Casey is driving a car in which Deb is a passenger when an accident occurs. Casey and Deb are not injured. Casey is not liable to Deb on a negligence theory because

Accepted Answer

A)   Casey was not injured.
B)   Casey did not apparently intend to cause an accident.
C)   Deb must have been comparatively negligent.
D)   Deb was not injured.

Question 20

Failure to exercise the standard of care that a reasonable person would exercise with respect to another's business is trade libel .

Accepted Answer

A) True 
 B)False

Exam 5: Business Torts

Common types of trespass to land include placing part of one's building on an adjoining landowner's property .

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kris. But for Jack's negligence, Kris would not have died. Regarding the death, the crash is

Tort law is intended to compensate society as a whole for a wrong committed against it by an individual.

An intentional tort requires intent to commit the act that causes harm, but does not require the intent to cause the harm .

Business torts are wrongs committed by an individual or a company against an individual or a company related to business.

Probable cause to believe someone has shoplifted is a defense to a charge of false imprisonment in some states.

Fraud exists when a person represents as a fact something he or she knows (or should know) is untrue.

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

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

The reliance that gives rise to liability for fraud requires

Ida slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ida is more than 50 percent at fault, she will recover

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

An intentional tort does not require an evil or harmful motive.

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, can still recover for negligence.

The elements of negligence include intent .

Businesses have a duty to exercise reasonable care to protect business invitees.

Casey is driving a car in which Deb is a passenger when an accident occurs. Casey and Deb are not injured. Casey is not liable to Deb on a negligence theory because

Failure to exercise the standard of care that a reasonable person would exercise with respect to another's business is trade libel .