Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury
a. if Louann intended to push Molly.
b. only if Louann did not intend to break Molly’s wrist.
c. only if Louann had a bad motive for pushing Molly.
d. only if Louann intended to break Molly’s wrist.
a. if Louann intended to push Molly.
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.
a. compensatory damages.
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.
a. battery.
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 Susie
b. if the shove was offensive.
c. if Susie acted out of malice.
d. under no circumstances—there was no physical injury.
b. if the shove was offensive.
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.
a. abuse of process.
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.
b. false imprisonment.
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.
d. the statement is false.
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.
a. defamation.
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.
d. none of the choices.
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.
d. appropriation.
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.
b. misrepresentation of a fact knowing that it is false.
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.
d. not fraud.
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.
c. fraudulent misrepresentation.
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.
b. fact.
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.
c. wrongful interference with a business relationship.
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.
d. none of the choices.
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.
a. assisting someone in danger.
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.
a. does not have Bella’s permission to drive on the property.
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.
d. under any circumstances.
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.
d. slander of title.
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. As it relates to the initial taking, Jem may have committed:
a. appropriation.
b. conversion.
c. disparagement of property.
d. trespass to personal property.
d. trespass to personal property.
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.
c. conversion.
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.
d. a reasonable person.
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.
b. foreseeable risks.
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.
c. $400,000.
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.
d. negligence.
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.
b. other engineers.
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.
b. negligence per se.
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.
d. normally associated with the tournament.
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.
d. Duff was not injured.
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.
a. the cause in fact.
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.
c. only those whose injuries could have been reasonably foreseen.
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.
d. an applicable Good Samaritan statute.
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.
a. even if Ichiro was only slightly at fault.
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.
d. nothing.