Section 2 Practice Quizzes

Chapter 6, and 7

Federico enters Gunther’s property to read an electric meter. Gunther charges Federico with trespass to land. Federico has

• a complete defense

• a partial defense

• a possible defense

• no defense

a complete defense

True or False

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

True

True or False

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

False

Lew angrily accuses Meg, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry. The reliance that gives rise to liability for fraud is normally based on a statement of

• emotion

• fact

• opinion

• puffery

fact

True or False

Malicious prosecution can occur if a party initiates a lawsuit out of malice.

True

Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a pubic figure. The information is true. This is most likely

• an invasion of privacy

• defamation

• trespass to personal property

• wrongful interference with a contractual relationship

an invasion of property

Field Trechers Inc initiates a lawsuit against its competitor Master Excavators Inc out of malice and without probable cause. Master suffers a loss of profits due to the litigation, but Field loses the suit. Field is most likely liable for

• abuse of process

• malicious prosecution

• no tort

• wrongful interference with a business relationship

malicious prosecution

Bargain Bytes Computers, a computer store, takes unethical steps to divert the customers of Cyber World, an adjacent competing store. Bargain Bytes may be liable for

• appropriation

• wrongful interference with a business relationship

• intentional infliction of ethical distress

• conversion

wrongful interference with a business relationship

True or False

The purpose of tort law is to punish criminal wrongdoers.

False

Levon leaves his truck at MakeRight Vehicle Shope for repair. When Levon refuses to pay for the work, MakeRight refuses to give him possession of the truck. MakeRight has committed

• malicious prosecution

• no tort

• trespass to personal property

• wrongful interference with a contractual relationship

trespass to personal property

True or False

A person may not be liable for a defamatory statement if he or she enjoys a privilege.

True

True or False

Publishing false information about another’s product is trade libel.

True

Obie accuses Portia, a broker with QT Financial Services, of fraudulently inducing him to invest in Riske Development Company, whose stock price declines in value. The reliance that gives rise to liability for fraud requires

• a subjective, not an objective, statement

• misrepresentation of a fact knowing that it is false

• puffery

• seller’s talk

misrepresentation of a fact knowing that it is false

True or False

Federal law prohibits sending unsolicited commercial e-mail to randomly generated e-mail addresses.

True

Teresa is a celebrity. Without her permission, Sinclair Enterprises includes in an ad an image that resembles her. Sinclair does not use Teresa’s name or actual likeness. This is most likely

• appropriation

• conversion

• no tort

• slander of quality

appropriation

Glen falsely accuses Hu of stealing from Island Tours, Inc their employer. Glen’s statement is defamatory only if

• a third party hears it

• Hu has not been caught

• the statement is puffery

• the statement is true

a third party hears it

Iona files a suit against Javier for conversion of property that Javier asserts he owns. Javier will not be liable if he can show that

• Iona has no intent to use the property

• Iona has no interest in the property

• Javier did not damage the property

• Javier did not intend to keep the property

Iona has no interest in the property

True or False

Any lawful contract can form the potential basis for an action based on wrongful interference with a contractual relationship.

True

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina

• did not actually shoplift

• had not shoplifted in the past

• had probable cause to leave the premises

• was detained for an unreasonably long time

was detained for an unreasonably long time

True or False

Competitive behavior is wrongful interference if it results in the breaking of a contract.

False

True or False

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

False

Kelly is injured when she slips and falls on Lee’s sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of

• a realistic person

• a reasonable person

• a recognizable person

• a reliable person

a reasonable person

True or False

Under the theory of negligence, the duty of care requires a careless act.

False

True or False

If a defendant’s act constitutes causation in fact with respect to a plaintiff’s injury, the defendant is liable without further consideration.

False

True or False

Negligence per se may occur on the violation of a statute.

True

Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech Inc the game’s manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of

• cyber crime

• negligence

• product liability

• res ipsa loquitur

product liability

Resources Recovery Inc uses dynamite in its remote mining operations. Sabrina stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is

• neither Resources Recovery nor Sabrina

• Resources Recovery and Sabrina

• Resources Recovery only

• Sabrina only

Resources Recovery only

Molly shoots Norm with Opal’s pistol. The proximate cause of Norm being shot is most likely attributed to

• Molly and Opal

• Molly only

• Opal only

• neither Molly nor Opal

Molly only

True or False

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

False

Lana hires Mike, an architect, to design a warehouse. Lana is dissatisfied with the look of the new building and sues Mike, alleging negligence. Mike can successfully defend against the suit by proving that

• he is not familiar with every principle of art

• his design is as attractive as an ordinary person’s

• Lana could not have designed a more attractive building

• Lana was not injured in any way

Lana was not injured in any way

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company’s reservoir. The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

• Lyn v. Mining Co

• Palsgraf v. Long Island Railroad Co

• Rylands v. Fletcher

• Congress

Rylands v. Fletcher

True or False

An assumption of risk defense does not require that a risk be voluntarily assumed.

False

True or False

The basis for applying strict liability is an intentional wrongful act.

False

Breakfast Foods Corporation markets waffle irons, one of which proves defective and injures Chelsea. Breakfast Foods’s strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that

• Breakfast Foods profits from the sale of its waffle irons

• Chelsea is a person, not a corporation like Breakfast Foods

• marketing is an “abnormally dangerous activity”

• the doctrine of strict liability is the norm rather than the exception

Breakfast Foods profits from the sale of its waffle irons

George has a badly infected right foot. Herb, George’s physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George’s suit against Herb, George’s best theory for recovery is

• assumption of risk

• negligence per se

• res ipsa loquitur

• strict liability

res ipsa loquitur

meaning “it speaks for itself” visibly showing proof of it missing

True or False

Causation in fact exists if an injury would not have occurred without the defendant’s act.

True

Marie, a driver for Northern States Transport Company, causes a five-car accident on an interstate highway. Marie and Northern States are liable to

• all those who are injured

• only those whose injuries could reasonably have been foreseen

• only those whose cares were immediately ahead and behind Marie

• only those who do not have insurance

only those whose injuries could reasonably have been foreseen

True or False

Under the theory of negligence, the duty of care requires one person to aid another who has suffered harm from someone’s negligence.

False

True or False

The law establishes limits to liability for negligence through the concept of proximate cause.

True

True or False

A person assumes any risk that is different from or greater than the risk normally carried by an activity.

False