Question 1

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent.To give rise to fraud,the statement must be one of

Accepted Answer

Fraud requires a false statement of fact. Emotions, illusions, and opinions are not sufficient to give rise to a claim of fraud.

Question 2

Reaching for a bottle of soda from a display in a Bargain Mart store,Cody slips in a puddle of spilled soda and falls,suffering an injury.Bargain Mart's employees are not aware of the spilled soda until Cody falls.In a suit against Bargain Mart,Cody will most likely

Accepted Answer

Cody is likely to win the suit against Bargain Mart because the spilled soda was foreseeable. In a premises liability case, the property owner or occupier has a duty to keep the premises reasonably safe and must take reasonable steps to discover and correct dangerous conditions. The fact that employees were not aware of the spilled soda does not absolve Bargain Mart of its duty to maintain a safe environment for its customers. As the spill poses a foreseeable risk of injury, Bargain Mart could be found liable for Cody's injury.

Question 3

Cook's Pantry Appliances,a retail store,must use reasonable care on its premises to warn its patrons of

Accepted Answer

Cook's Pantry Appliances must use reasonable care to warn its patrons of hidden risks, which are risks that are not readily apparent or visible to a reasonable person. This includes any potential dangers associated with the use of their appliances or any other potential hazards on their premises that may not be immediately apparent. While they may also need to warn of obvious risks to some extent, their primary responsibility is to warn of hidden risks.

Question 4

Liz trespasses on Mega Corporation's property.Through the use of reasonable force,Mega's security guard Ned detains Liz until the police arrive.Mega is liable for

Accepted Answer

The answer of Liz trespasses on Mega Corporation's property.Through the...

Question 5

Lew angrily accuses Mandy,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

Accepted Answer

The reliance that gives rise to liability for fraud is normally based on a statement of fact.

Question 6

Joy invites Ken into her apartment.Ken commits trespass to land if he

Accepted Answer

Trespass to land is when an individual enters the land of another person without their permission. In this case, if Ken refuses to leave when Joy asks him to go, he would be committing trespass to land. The other options provided do not necessarily constitute trespass to land.

Question 7

Dom,an EZ Baked Goods salesperson,follows Flora,a salesperson for Goody Pastries,Inc.,as she attempts to make sales to food stores.Dom solicits each of Flora's customers.Dom is most likely liable for wrongful interference with

Accepted Answer

The answer of Dom,an EZ Baked Goods salesperson,follows Flora,a salesperson...

Question 8

Dian,a clerk at an Entertainment Unlimited store,takes a DVD player from the store without permission.Dian is liable for

Accepted Answer

Dian's action of taking the DVD player without permission can be considered as conversion, as it involves using the property of the Entertainment Unlimited store without its consent. Appropriation refers to the unauthorized use of another's name or likeness for one's own benefit, but it does not apply in this scenario as Dian did not use anyone's name or likeness. Benefiting an employee and wrongful interference with a business relationship are also not relevant to this scenario.

Question 9

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 action of hiding Kyla's textbook constitutes as a trespass to personal property, as it is an intentional interference with Kyla's possessory interest in her property. However, it does not involve any actions that would constitute appropriation, conversion, or intentional infliction of emotional distress.

Question 10

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

Accepted Answer

The standard of a reasonable person is used in determining whether a duty of care existed in a negligence case. This standard requires individuals to behave in the same way that a reasonable person would behave in similar circumstances. Layla would be expected to act as a reasonable person to ensure the safety of others, including maintaining a safe sidewalk.

Question 11

Leon files a suit against Moira,a medical doctor,alleging negligence.As a physician,Moira is held to the standard of

Accepted Answer

As a medical doctor, Moira is held to the standard of a reasonable physician, meaning that she must exercise the same level of care, skill, and diligence that a competent practitioner in the same field would exercise under similar circumstances. This standard is higher than that of an ordinary person, making the answer B incorrect. Moira is not necessarily blameless or faultless, as mistakes can still occur even with reasonable care, making the answer A incorrect. While Moira is expected to act professionally, the standard of care is based on her medical expertise, not just her overall reliability, making the answer C incorrect.

Question 12

In newspaper ads,Lo-Price Autos falsely accuses My-T Value Vehicles,a competitor,of selling stolen cars.My-T's sales decrease.Lo-Price has most likely committed

Accepted Answer

The answer of In newspaper ads,Lo-Price Autos falsely accuses My-T...

Question 13

Toni files a suit against Universal Media Corporation for defamation.Actual malice must be shown for recovery of damages if Toni is

Accepted Answer

The actual malice standard applies only to public figures, meaning those who have thrust themselves into the public eye or have achieved pervasive fame or notoriety. As a private individual, Toni would not have to meet the actual malice standard to recover damages for defamation.

Question 14

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

The answer of Bette backs out of City Parking Garage,colliding...

Question 15

Caleb is driving a car in which Dotty is a passenger when an accident occurs.Caleb and Dotty are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dotty on a negligence theory because

Accepted Answer

The answer of Caleb is driving a car in which...

Question 16

Ralph,a van driver for Speedy Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to

Accepted Answer

The answer of Ralph,a van driver for Speedy Delivery Company,causes...

Question 17

Sam,an engineer,supervises the construction of a new bridge.When the bridge collapses due to faulty construction,Sam is sued by those injured in the collapse.As a professional,Sam is held to the same standard of care as

Accepted Answer

As an engineer, Sam is held to the same standard of care as other engineers in the same field. This means that he is expected to follow recognized engineering standards and practices, and to exercise the level of skill and care that a reasonably competent engineer would exercise in similar circumstances.

Question 18

Jim is an appliance salesperson.To make a sale,he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

Accepted Answer

The answer of Jim is an appliance salesperson.To make a...

Question 19

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 20

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

Doyle commits trespass if he does not have Bella's permission to drive on the property. Trespass does not require him to cause harm to the property in any way, nor does it depend on the purpose for which he enters the property.

Quiz 5: Torts,cyber Torts,and Strict Liabiity