Deck 22: Misrepresentation, Tortious Interference, and Other Torts

Question 1

Mary works for Sam as an accountant. She is an employee at will. One day she calls the hotline of the Internal Revenue Service to tell the IRS that Sam often pays some of his workers in cash so that he does not have to withhold taxes. When Sam finds out, he fires Mary________.

A) The firing is not a wrongful discharge because Mary should have told Sam about her objection before contacting the IRS.
B) The firing is a wrongful discharge even though it does not violate public policy.
C) The firing is a wrongful discharge even though it was not retaliatory.
D) The firing is a wrongful discharge because it violates public policy.

Answer 1

D

Question 2

It is a tort to interfere with contract relations by intentionally inducing another to breach a contract or to make it impossible or more difficult to perform.

Answer 2

True

Question 3

You cannot commit the tort of interference with contract relations if the contract was voidable.

Answer 3

False

Question 4

It is not an interference with prospective advantage for the defendant to use fair competitive tactics against the business of the plaintiff.

Question 5

Ed wants to sell his car to Bob, a neighbor. Ed tells Bob that the car is in excellent condition. Ed does not know that there is a serious crack in the crankshaft. Bob buys the car. A week later he is in an accident caused by the defective crankshaft. He sues Ed for misrepresentation.________

A) Bob's misrepresentation action will succeed because there was scienter.
B) Bob's misrepresentation action will fail because there was no scienter.
C) Bob's misrepresentation action will succeed because Ed was careless in failing to tell Bob about the crack in the crankshaft.
D) Bob's misrepresentation action will fail because Ed is not a merchant.

Question 6

An opinion is a statement of fact that can be objectively verified as true or false.

Question 7

Dram shop liability can result from selling intoxicating liquor to someone who then injures a third person due, in part, to the intoxication.

Question 11

The tort of wrongful discharge can be committed against an employee at will.

Question 15

You cannot commit the tort of interference with contract relations if the contract violated public policy.

Question 17

A fiduciary relationship exists when one of the parties owes the other loyalty, candor, and fair treatment.

Question 20

Name several ways that a fact can be communicated.

Question 22

When is reliance justifiable?

Question 25

How can you show that the defendant intended to deceive the plaintiff?

Question 26

What interest is protected by the tort of misrepresentation?

Question 28

What is bad faith liability?

Question 29

In disparagement, distinguish between slander of title and trade libel.

Question 30

What is "veggie libel"?

Question 31

Why is puffing not a basis for the tort of misrepresentation?