Question 1

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 reasonable person standard is the commonly used standard in determining whether a duty of care exists in a negligence case. This standard requires that a person act as a reasonable and prudent person would under the circumstances. Therefore, Layla's conduct will be measured against that of a reasonable person to determine if she owed a duty of care to Kelly.

Question 2

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer.Glen's statement is NOT defamatory if

Accepted Answer

In order for a statement to be considered defamatory, it must be published to a third party, meaning that only the person being accused hearing the statement (as in this scenario) does not meet the criteria for defamation. However, the fact that the statement is a lie still makes it untrue and harmful to Hu's reputation.

Question 3

Obie accuses Portia, a broker with QT Financial Services, of fraudulently inducing him to invest in Risky 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. False statements or misrepresentation of material facts with intent to deceive, and justifiable reliance on the false statements by the victim causing damages, constitute fraud. Puffery, which is exaggerated sales talk, is not considered a misrepresentation of a material fact, and seller's talk may not necessarily be fraudulent unless it includes a misrepresentation of a material fact with intent to deceive. A subjective statement, such as an opinion or belief, is also not considered a misrepresentation of a material fact unless it is made as a statement of fact with knowledge of its falsity.

Question 4

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, which is the unauthorized use of someone else's name or likeness for commercial gain. By using the model's image without permission to promote her product, Jane is appropriating the model's likeness for her own benefit.

Question 5

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 necessarily false statements of fact and therefore cannot give rise to fraud.

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

Trespass to personal property involves intentionally interfering with someone's use or enjoyment of their personal property. In this scenario, Jem intentionally hid Kyla's textbook, which prevented her from using it to study for the exam. Therefore, Jem may have committed trespass to personal property. The other options (appropriation, conversion, and disparagement of property) do not apply to this scenario.

Question 7

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 another person's property without permission. In this case, Doyle drives his vehicle onto Bella's land without her permission, so he commits trespass. The other choices (B, C, D) involve additional factors that may exacerbate the trespass, but are not necessary for it to occur.

Question 8

Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender.The statement is defamatory if

Accepted Answer

The statement is defamatory if it is false, which is the case in this scenario as Ked may not be a convicted sex offender. A is not a necessary factor for defamation, as repetition can cause further harm but is not the determining factor. B may be a result of the defamation, but it is not what makes the statement defamatory. C is not relevant as even if the statement was true, it would not be defamatory.

Question 9

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 10

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 may not be obvious or easily observable to the average person. This includes potential hazards associated with using certain appliances or products sold in the store. However, they do not necessarily have a duty to warn of obvious risks or no risks.

Question 11

Nico is a passenger in a car driven by Owen, whose reckless driving causes an accident, injuring himself.Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin, and Nico is injured.Nico files a suit against Owen, alleging negligence.The element most likely to be a question for the court to decide is

Accepted Answer

The court is likely to have to decide on the issue of proximate cause, as there are multiple intervening causes (Owen's reckless driving, Quin's collision with the ambulance) that could have contributed to Nico's injuries. The court will have to determine if Owen's actions were the direct, proximate cause of Nico's injuries.

Question 12

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 inter-ference with a

Accepted Answer

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

Question 13

Barbara is selling her car.She knows that the brakes do not work.When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems.The buyer purchases the car based on the assurance that there is nothing wrong with it.The buyer may be able to sue Barbara for

Accepted Answer

Barbara's assurance that there are no problems with the car despite knowing about the faulty brakes could be considered fraudulent misrepresentation, as she made a false statement with the intention of inducing the buyer to make a purchase. The buyer may have a claim against Barbara for damages.

Question 14

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 15

Lizzie, a clerk at a Movies Unlimited store, takes a DVD player from the store without permission.Lizzie is liable for

Accepted Answer

Lizzie is liable for the tort of conversion, which is the wrongful taking or use of someone else's property without their permission. In this case, Lizzie took the DVD player from the store without permission, which is a clear example of conversion. Appropriation refers to the use of someone's name or likeness for commercial purposes without their permission, benefiting an employee refers to an employee gaining personal benefits at the expense of their employer, and wrongful interference with a business relationship refers to intentionally interfering with a business relationship for personal gain. None of these apply to the situation with Lizzie taking the DVD player from the store.

Question 16

Susan takes her car to Ken's repair shop and asks him to fix the car's brakes.Ken completes the work and sends Susan a bill for $100.Susan refuses to pay so Ken refuses to return Susan's car.Susan can probably successfully sue Ken for

Accepted Answer

The answer of Susan takes her car to Ken's repair...

Question 17

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

The answer of Manuel is walking past Thomas's house when...

Question 18

Roger wants Andy to work late on a project.He tells Andy that the morally correct thing to do is to stay late at the office and work on the project.Andy feels obligated to stay and work late due to the moral pressure from Roger.Andy stays late at the office, even though he does not want to.Andy can sue Roger for

Accepted Answer

Andy cannot sue Roger for any tort because there was no physical confinement, harmful contact, or false statement made by Roger. The situation does not meet the requirements of any tort. The pressure from Roger was only moral and did not constitute any legal wrongdoing.

Question 19

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,...

Question 20

In newspaper ads, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars.Hi-Value's sales decrease.Lo-Price has most likely committed

Accepted Answer

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

Quiz 5: Torts and Strict Liability