Question 1

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​

Accepted Answer

Fifi's action of taking the video game player and the selection of new games without permission from the store amounts to conversion, which is an intentional tort. Conversion is the act of using someone else's property in a manner inconsistent with their ownership rights, thereby depriving them of the use and possession of their property.

Question 2

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​

Accepted Answer

Outdoor Sports Unlimited is only required to warn customers of foreseeable risks, not all risks or obvious risks. They are also not required to warn of no risks.

Question 3

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​

Accepted Answer

Chris may sue Brad for fraudulent misrepresentation as Brad made a false statement of fact with the intent to deceive Chris, and Chris relied on this statement and suffered damages as a result.

Question 4

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​

Accepted Answer

Manuel's defense will likely be based on the doctrine of necessity, which provides a justification for an otherwise unlawful act when it is necessary to prevent a greater harm. In this case, Manuel entered the property to save a child in danger from the smoke, which would likely be regarded by the court as a necessary act to prevent harm. Therefore, assisting someone in danger is a valid defense to a claim of trespass to land.

Question 5

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

Quint is making a subjective statement about his opinion of the car, which is not a fact that can be definitively proven. As such, it cannot be considered fraud even if it is later determined that another model is actually better.

Question 6

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​

Accepted Answer

Felix's statement about the roof not leaking is considered a misrepresentation of fact, which can potentially lead to an action for fraud. Puffery is exaggerated statements that a reasonable person would recognize as not being factual, illusion is a false perception or belief, and opinion is subjective and cannot be proven true or false.

Question 7

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​

Accepted Answer

Accusing someone or a corporation of illegal activity without evidence is considered defamation.

Question 8

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​

Accepted Answer

The answer of In a digital billboard ad, Mainstream Headwaters...

Question 9

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is​

Accepted Answer

The answer of OK Dry-Cleaning advertises so effectively that the...

Question 10

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​

Accepted Answer

To give rise to liability for fraud, there must be a misrepresentation of a fact known to be false. It is not enough for the statement to be subjective, involve puffery, or merely be seller's talk.

Question 11

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​

Accepted Answer

Beth is liable for appropriation, which is the unauthorized use of a person's name or likeness for one's own benefit. By superimposing her logo onto Chelsea's photo, Beth is implying that Chelsea uses her products without her permission, which is a violation of Chelsea's right of publicity.

Question 12

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​

Accepted Answer

Dill may recover damages if Bette failed to act as a reasonable person. This standard refers to how a typical person would responsibly act under similar circumstances, which is a common legal standard for negligence.

Question 13

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​

Accepted Answer

A defamatory statement is one that harms the reputation of the person it is referring to. In this case, Bess is accusing Ciera of being a convicted thief, which is a serious accusation. If the statement is false, it is considered defamatory, regardless of whether a recipient repeats it or not. Emotional distress may be a result of the defamation, but it is not a requirement for the statement to be defamatory. Similarly, the truthfulness of the statement does not necessarily negate the defamatory nature of it, as a true statement can still harm someone's reputation if it is communicated in a negative or damaging way.

Question 14

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. Jem may have committed​

Accepted Answer

Jem's act of taking and hiding Kyla's textbook would be considered trespass to personal property, as Jem interfered with Kyla's right to possess and use her own property.

Question 15

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​

Accepted Answer

The essential element of trespass is an unauthorized entry onto another's property. Therefore, if Doyle does not have Bella's permission to drive on the property, he commits trespass. The other choices may be relevant to determining the extent of damages or liability, but they do not establish the essential element of unauthorized entry.

Question 16

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​

Accepted Answer

Kojo's actions of soliciting Malin's customers can be seen as wrongful interference with a business relationship between National Medco Products and its customers. This can lead to a loss of sales for National Medco Products and is therefore considered a tort.

Question 17

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​

Accepted Answer

False imprisonment occurs when someone is wrongfully held against their will, without legal justification. In this scenario, Diego was held in jail for a month due to a police error in his paperwork, even though he had been ordered to be released by the court. Therefore, the police are likely liable for false imprisonment.

Question 18

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​

Accepted Answer

Under the "50 percent rule," Oliver can recover only if his percentage of fault is less than or equal to 50 percent. Since Oliver is 20 percent at fault, his recovery is reduced by 20 percent, leaving him with only 80 percent of the damages. That means Oliver can recover $400,000 from Port Harbor ($500,000 x 0.80 = $400,000). Therefore, choice C is the correct answer.

Question 19

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion​

Accepted Answer

Conversion is the wrongful exercise of control over another person's property, regardless of the wrongdoer's intent or the extent of the damages. Therefore, Basil is liable for conversion under any circumstances for taking the bicycle without the owner's permission.

Question 20

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

Accepted Answer

Expo is not liable for any of the choices because the security guard used reasonable force to detain David for trespassing until the police arrived, which is generally considered a lawful action to prevent or address a crime.

Quiz 8: Tort Law

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​

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​

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​

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​

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​

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​

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​

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is​

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​

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​

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​

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​

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. Jem may have committed​

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​

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​

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​

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​

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion​

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

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

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of

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

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

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

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

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

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

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

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

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

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

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. Jem may have committed

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

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

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

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

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion