Question 1

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

Accepted Answer

MakeRight is committing trespass to personal property by refusing to give Levon possession of his truck.

Question 2

Superior Health Club's marketing strategies entice many of Tone-Up Exercise Club's members to change clubs.After less than a year in business,Superior surpasses Tone-Up in numbers of members.Superior is liable for

Accepted Answer

The answer of Superior Health Club's marketing strategies entice many...

Question 3

Hilliard,a clerk at a Games Unlimited store,takes a video game player from the store without permission.Hilliard is liable for

Accepted Answer

Hilliard's action of taking the video game player without permission amounts to conversion, which is the wrongful exercise of dominion over another's property. Appropriation involves the unauthorized use of someone's name, likeness, or identity for commercial gain; disparagement of property involves making false or harmful statements about someone's property; and wrongful interference with a business relationship involves intentional interference with a business contract or relationship.

Question 4

Pier shops in a Rowdy Ranch & Farm Store store.Enticed by a display,Pier takes an item to examine it and,when she is done,places it on the floor.Tanner,a consumer enticed by the same display,does not see the item on the floor,trips over it,falls,and suffers an injury.With respect to the danger,Rowdy had

Accepted Answer

Rowdy Ranch & Farm Store had a duty to discover and remove the hazard, as they created the dangerous condition by allowing items to be placed on the floor. It is their responsibility to maintain a safe shopping environment for their patrons. They could have also taken steps to warn customers of the potential hazard, such as putting up warning signs or having employees monitor the area.

Question 5

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

Accepted Answer

Actual malice must be shown for recovery of damages if Toni is a public figure. Public figures are individuals who have attained a certain level of fame or notoriety and have therefore voluntarily entered into the public eye. As such, they are expected to have a higher threshold for tolerating criticism or negative publicity, and must demonstrate that the defamatory statement was made with actual malice (i.e. with knowledge of its falsity or reckless disregard for the truth) in order to recover damages.

Question 6

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

Accepted Answer

Bargain Bytes is taking wrongful interference with a business relationship by intentionally diverting customers from Cyber World. This violates the principles of fair competition and could be considered unethical and illegal behavior. Appropriation involves using someone's likeness or image without their consent for commercial purposes, intentional infliction of emotional distress involves extreme or outrageous behavior causing emotional harm, and conversion involves stealing, damaging, or destroying someone's personal property.

Question 7

Leo slips and falls in Mornin' Breakfast Café and is injured.Leo files a suit against Mornin' for $50,000.If Leo is 20 percent at fault and Mornin' is 80 percent,under a contributory negligence doctrine,Leo would recover

Accepted Answer

The answer of Leo slips and falls in Mornin' Breakfast...

Question 8

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

Accepted Answer

The reliance that gives rise to liability for fraud requires misrepresentation of a fact knowing that it is false. In this case, Obie is accusing Portia of fraudulently inducing him to invest in Riske Development Company by making false statements or misrepresentations about the company or its stock price. Puffery and seller's talk are not considered as fraud because they are not factual misrepresentations. A subjective statement may be an element of fraud, but it is not the only requirement.

Question 9

Oak Valley Mall contains two video game stores,Pirates Pick and Game Quest.Pirates's manager Ryan stands in the mall near Game Quest's entrance to divert customers to his store.Game Quest's manager Sara asks Ryan to leave.He refuses.Ryan has committed

Accepted Answer

The answer of Oak Valley Mall contains two video game...

Question 10

A Rhode Island state statute imposes fines on tire repair businesses whose pneumatic equipment does not include automatic shut-off switches to protect employees.Bob's Brakes & Tires,Inc. ,does not have the switches on its equipment.Carter,a Bob's employee,suffers an injury that a shut-off switch would have prevented.Carter's best theory for recovery is

Accepted Answer

Negligence per se occurs when a person violates a statute or regulation designed to protect a specific class of people, and the violation causes the injury that the statute was intended to prevent. In this case, the Rhode Island statute was specifically designed to protect employees from injuries caused by pneumatic equipment without automatic shut-off switches. Thus, Carter can most likely recover from Bob's Brakes & Tires, Inc. under negligence per se because the company violated the statute and Carter's injury resulted from that violation.

Question 11

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

Accepted Answer

Publishing information about someone's private sex life without their consent is considered an invasion of privacy, even if the information is true. Merinda has a reasonable expectation of privacy in her sexual activities, and Nesbit's publication of this information would be considered a violation of that expectation.

Question 12

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

Accepted Answer

The standard of a reasonable person is applied in determining whether a duty of care exists. This means that Lee's conduct will be compared to that of a hypothetical reasonable person under the same circumstances to determine if he failed to meet the standard of care.

Question 13

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident,and Elin is injured.Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

Accepted Answer

For liability to be imposed on Dirk for Elin's injury, his driving must be both the causation in fact and the proximate cause of the injury. Causation in fact means that the injury would not have occurred but for Dirk's actions, while proximate cause means that Dirk's actions were the legal cause of the injury, meaning that they were not too remote or unforeseeable. Therefore, only choice D fits both criteria.

Question 14

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

Accepted Answer

The use of an image that resembles Teresa without her permission can be considered appropriation, as it is an unauthorized commercial use of her image or likeness. Even if Sinclair does not use her actual name or likeness, the resemblance may still be enough to violate her right to publicity.

Question 15

Field Trenchers 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

Accepted Answer

The scenario describes a case of malicious prosecution, where Field Trenchers initiated a lawsuit against its competitor Master Excavators out of malice and without probable cause, causing Master to suffer a loss of profits. Malicious prosecution occurs when a person initiates legal proceedings without probable cause and with malice, causing harm to the defendant. In this scenario, Field Trenchers is the plaintiff who initiated the lawsuit, and Master Excavators is the defendant who suffered a loss of profits due to the litigation. Therefore, Field Trenchers is most likely liable for malicious prosecution.

Question 16

Taylor slips and falls in Urban Mall and is injured.She files a suit against the mall for $500,000.Under a "pure" comparative negligence rule,Taylor could recover damages

Accepted Answer

Under a "pure" comparative negligence rule, Taylor could still recover damages even if she was mostly at fault for her own injury. The amount of damages she could recover would simply be reduced proportionally based on her percentage of fault. Therefore, Taylor could recover damages under any circumstances.

Question 17

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

Accepted Answer

Molly is the one who shot Norm, so she is the proximate cause of his being shot. Opal may have provided the pistol, but she did not pull the trigger, so she is not the proximate cause.

Question 18

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

Accepted Answer

The answer of Federico enters Gunther's property to read an...

Question 19

Drake pushes Evon into the path of an oncoming car driven by Flip.Gina tries to rescue Evon,but the car hits both of them.Drake is liable for the injuries of

Accepted Answer

Drake's actions directly caused the injuries of both Evon and Gina, making him liable for their injuries.

Question 20

Joe sees Karo floundering in Lake Rough Waters.Joe is liable on the ground of negligence

Accepted Answer

The answer of Joe sees Karo floundering in Lake Rough...

Quiz 12: Torts and Cyber Torts