Question 1

Brady knows that the brakes on his car do not work,but he tells Celia,a potential buyer,that there are no problems with the car. On this assurance,Celia buys the car. On learning the truth,she may sue Brady for

Accepted Answer

Brady made a false statement of fact (that there were no problems with the car) with the intent to deceive Celia, who relied on that statement and suffered harm as a result. This constitutes fraudulent misrepresentation, which is a type of tort.

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 not expected to warn customers of every possible risk, but only those that are foreseeable. Foreseeable risks are those that a reasonable person would anticipate under the circumstances.

Question 3

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 4

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

The statement made by Felix about the roof of the Hillside Apartments building not leaking is a statement of fact rather than an opinion, puffery, or illusion. As Felix knows that the roof does indeed leak, he is deliberately misleading Genie with false information, which can give rise to an action for fraud.

Question 5

Obie accuses Portia,a broker with QT Investment 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 the misrepresentation of a fact knowing that it is false. In this case, Obie accuses Portia of fraudulently inducing him to invest in Riske Development Company, which implies that Portia made a false statement to convince Obie to invest. Therefore, the misrepresentation of a fact is the best answer. The other options are not related to fraud and deceit.

Question 6

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 actions constitute trespass to personal property, as she intentionally interfered with Kyla's right to possess her own textbook. This is a form of unauthorized physical intrusion onto Kyla's personal property.

Question 7

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 8

Jane develops a new color of lipstick. To market her lipstick,Jane uses a computer design program to show a famous model using Jane's lipstick. Jane does not ask the model's permission. The model can sue Jane for

Accepted Answer

The model can sue Jane for appropriation, also known as the unauthorized use of another person's name or likeness for commercial gain. By using the model's image without her permission to promote her product, Jane has violated the model's right to privacy and could be held financially liable for damages.

Question 9

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 following Malin and soliciting her customers constitutes as wrongful interference with a business relationship between Malin and her customers. Kojo is intentionally interfering with Malin's ability to make sales and potentially causing financial harm to Malin's company.

Question 10

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 falsely...

Question 11

Marcos wants to buy Lucia's land,but she refuses to sell. Marcos begins using subpoenas,court orders,and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is

Accepted Answer

This is an example of abuse of process, which is the misuse of legal procedures for an improper purpose or to achieve an unjust result. Marcos is using legal procedures not for their intended purpose but as a tool to harass Lucia into selling her land.

Question 12

In a tweet to Cooper,a reporter for the online Daily Bleat,Evan accuses Financial Services Corporation of cheating on its taxes. If false,making this statement is

Accepted Answer

Accusing a company of cheating on its taxes without evidence and making it public (even on social media) could lead to harm to their reputation and financial standing. This qualifies as defamation.

Question 13

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

Mega is not liable because Ned used reasonable force to detain Liz, who was trespassing, until the police arrived. This is generally considered a lawful detention.

Question 14

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

Trespass occurs when someone enters upon the property of another without permission. Therefore, if Doyle does not have Bella's permission to drive on her property, he commits trespass. The other options do not necessarily constitute trespass, as driving onto the property for recreational purposes or even causing harm to the property may not be illegal if Bella has given permission or if it was accidental.

Question 15

Manuel is walking past Thomas'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 Thomas's house,finds the child and brings it outside. If Thomas sues Manuel for trespass to land,Manuel's defense will probably be

Accepted Answer

Manuel's defense will likely be "assisting someone in danger," as he entered the property to prevent harm to the child, which is a recognized exception to trespass.

Question 16

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 is liable for conversion, which is an intentional tort that involves a person taking or using someone else's property without permission or lawful justification. In this case, Fifi took the video game player and games without permission, making her liable for conversion. Option A (appropriation) refers to the unauthorized use of someone's name or likeness for commercial purposes, which does not apply to this scenario. Option B (no tort) is incorrect since Fifi committed an intentional act that caused harm to the store. Option D (wrongful interference with a business relationship) refers to interfering with a contractual relationship or business expectancy, which also does not apply in this situation.

Question 17

Jess,an accountant,distributes a handbill to her business clients and potential customers accusing her competitor Kelly of being a convicted thief. The statement is defamatory if

Accepted Answer

Defamation requires a false statement that harms the reputation of the person being accused. Therefore, since the statement accuses Kelly of being a convicted thief and is false, it is defamatory. The other options are not relevant to whether or not the statement is defamatory.

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's recovery would be reduced by his percentage of fault, which is 20 percent. Therefore, he would recover 80 percent of the total damages, which is $400,000.

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 taking or exercising control over someone else's personal property. Basil, as a clerk, did not have the owner's permission to take the bicycle and therefore, is liable for conversion under any circumstances. The other options do not affect the liability for conversion.

Question 20

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...

Quiz 4: Tort Law