Question 1

Fraud and misrepresentation are two distinct torts.

Accepted Answer

False

Question 2

If a defendant induces another to breach a contract with the plaintiff, the plaintiff may have a claim for .

Accepted Answer

interference with existing contractual relations

Question 3

Actions alone may not constitute concealment.

Accepted Answer

False

Question 4

The law imposes a more demanding obligation of disclosure if there is a relationship between the parties than it does if the transaction is carried out at .

Accepted Answer

The answer of The law imposes a more demanding obligation...

Question 5

The , which consists of four distinct torts, evolved from a law review article written by Samuel Warren and Lewis Brandeis.

Accepted Answer

The answer of The , which consists of four distinct...

Question 6

One who misrepresents something is liable to anyone who can be reasonably expected to learn about the misrepresentation, while one who misrepresents something is liable to those whom he or she intends to reach with the misrepresentation.

Accepted Answer

The answer of One who misrepresents something is liable to...

Question 7

To be held liable for nuisance, a defendant's interference with the plaintiff 's land must be both and .

Accepted Answer

The answer of To be held liable for nuisance, a...

Question 8

A nuisance differs from a trespass in that a nuisance involves interference with the plaintiff's right to (enjoy or use) his or her land, while a trespass involves interference with the plaintiff 's right to of his or her land.

Accepted Answer

The answer of A nuisance differs from a trespass in...

Question 9

A plaintiff can measure his or her damages using either the , in which the plaintiff asks to be put in the position he or she was in before the misrepresentation, or the , in which the plaintiff asks to be put in the position he or she would have been in had the misrepresented facts been true.

Accepted Answer

The answer of A plaintiff can measure his or her...

Question 10

The element requires that the injuries of a private plaintiff be "different in kind" from the injuries suffered by the general community.

Accepted Answer

The answer of The element requires that the injuries of...

Question 11

authorizes the Environmental Protection Agency to clean up sites contaminated by toxic wastes.

Accepted Answer

The answer of authorizes the Environmental Protection Agency to clean...

Question 12

A nuisance can either be a nuisance in which the defendant interfered with a right common to the general public, or a nuisance in which the defendant interfered with the plaintiff's enjoyment of his or her land.

Accepted Answer

The answer of A nuisance can either be a nuisance...

Question 13

A plaintiff is not justified in relying on the defendant's opinion unless , or _.

Accepted Answer

The answer of A plaintiff is not justified in relying...

Question 14

Plaintiffs have no obligation to disclose the existence of latent defects.

Accepted Answer

Plaintiffs in a lawsuit related to the sale of property are often required to disclose latent defects that they are aware of, as failing to do so can be considered fraudulent or deceptive.

Question 15

A plaintiff who is one who purchases property knowing in advance that a nuisance exists.

Accepted Answer

The answer of A plaintiff who is one who purchases...

Question 16

The tort of misrepresentation is interwoven with other types of tortious behavior.

Accepted Answer

Misrepresentation can be interwoven with other torts such as fraud or deceit, where the misrepresentation is made knowingly or recklessly with the intent to induce someone to act to their detriment.

Question 17

To be held liable for misrepresentation, the defendant must intend to induce the plaintiff's on his or her misrepresentation.

Accepted Answer

The answer of To be held liable for misrepresentation, the...

Question 18

A person who convinces the state's attorney to bring charges against another he or she knows to be innocent, can be sued for . If, however, the person uses the discovery process to induce an opposing party to settle, he or she may be sued for .

Accepted Answer

The answer of A person who convinces the state's attorney...

Question 19

Misrepresentation arose out of the common law action of .

Accepted Answer

The answer of Misrepresentation arose out of the common law...

Question 20

Half-truths can be the basis of a misrepresentation claim.

Accepted Answer

Half-truths can be considered misleading and form the basis of a misrepresentation claim if they give a false impression or withhold critical information, leading someone to make a decision they otherwise might not have made.

Quiz 10: Misrepresentation, Nuisance, and Other Torts