Question 1

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass only if he
A) does not have Bella's permission to drive on the property.
B) drives onto the property for recreational purposes.
C) harms the property in a material way.
D) harms the property in any way.

Accepted Answer

Trespass occurs when someone enters or remains on someone else's property without permission, so Doyle must not have Bella's permission to drive on her property in order to commit trespass. The other choices are not necessary for trespass to occur.

Question 2

Lew angrily accuses Meg, 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
A) emotion.
B) fact.
C) opinion.
D) puffery.

Accepted Answer

Liability for fraud requires a misrepresentation of a material fact. Emotions, opinions, and puffery are not considered facts and therefore would not give rise to liability for fraud.

Question 3

Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be asso?ci?ated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for
A) appropriation.
B) conversion.
C) wrongful interference with a customary relationship.
D) none of the choices.

Accepted Answer

Appropriation is the unauthorized use of someone's name or likeness for commercial gain, without their consent. In this scenario, Great Tans is using Holly's recording without her permission, which constitutes appropriation. The fact that the song becomes associated with Great Tans over time only strengthens the case for appropriation.

Question 4

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
A) appropriation.
B) conversion.
C) wrongful interference with a contractual relationship.
D) none of the choices.

Accepted Answer

The answer of OK Dry-Cleaning advertises so effectively that the...

Question 5

Louis-larger and stronger than Mica-threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for
A) assault and battery.
B) assault but not battery.
C) battery but not assault.
D) neither assault nor battery.

Accepted Answer

Mica can recover for both assault and battery because Louis threatened to hit Mica (assault) and then actually hit and injured him (battery).

Question 6

Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for
A) conversion.
B) trespass to personal property.
C) wrongful interference with a business relationship.
D) none of the choices.

Accepted Answer

Clem's actions of soliciting Edna's customers can be considered as wrongful interference with a business relationship, as it can harm Edna's existing relationship with her customers and affect her business. Conversion and trespass to personal property are not applicable in this scenario.

Question 7

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is
A) a corporate officer.
B) a non-employee.
C) a private individual.
D) a public figure.

Accepted Answer

Actual malice must be shown for recovery of damages in a defamation suit if the plaintiff is a public figure. This means that the false statement was made with knowledge of its falsity or with reckless disregard for the truth, and not just through negligence or a mistake. As Toni's status is not stated as either a corporate officer or a non-employee, and is only identified as an individual, it is best to choose option D.

Question 8

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina
A) did not actually shoplift.
B) had not shoplifted in the past.
C) had probable cause to leave the premises.
D) was detained for an unreasonably long time.

Accepted Answer

Ron can detain Tina if he has reasonable suspicion that she shoplifted, but the detention must be for a reasonable amount of time. If the detention is unreasonably long, such as detaining Tina for hours, it can be considered false imprisonment, and Ron can be held liable. The other options (A, B, and C) are not relevant factors in determining liability for false imprisonment.

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
A) fraud if the statement is the truth.
B) fraud if Jim believes that this statement is not true.
C) fraud if Jim is stating his opinion, not the facts.
D) not fraud.

Accepted Answer

Jim is making a sales pitch and expressing his opinion about the product is not fraud as long as he is not making any false claims or misrepresentations about the product. As a salesperson, it is his job to promote the product to encourage customers to make a purchase. Therefore, his statement, although subjective, does not constitute fraud.

Question 10

Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has
A) no defense.
B) a possible defense.
C) a partial defense.
D) a complete defense.

Accepted Answer

Jane has a complete defense to the charge of trespass to land because she entered onto Sam's property to help someone in danger, which is generally considered a justifiable reason for entering onto someone else's property without permission. This defense is known as the defense of necessity or the defense of emergency.

Question 11

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if
A) a third party hears it.
B) Hu has not been caught.
C) the statement is puffery.
D) the statement is true.

Accepted Answer

Defamation requires the communication of the false statement to a third party. If no one else hears Glen's accusation, it is not defamatory.

Question 12

Best Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Best may be liable for
A) appropriation.
B) wrongful interference with a business relationship.
C) wrongful interference with a contractual relationship.
D) none of the choices.

Accepted Answer

Best Computers is engaged in wrongful interference with a business relationship, as they are taking unethical steps to divert the customers of their adjacent competing store. This is an intentional tort that could result in liability for Best Computers. The other options, appropriation and wrongful interference with contractual relationship, do not accurately describe the situation.

Question 13

Variety Auto Maker, Inc., uses, in its television ads, a recording by Wendy. For this use, Variety pays a fee to the owner of the rights to the recording. Over time, the song comes to be associated with Variety's products. Wendy re?sents this association and sues Variety. Variety has committed
A) appropriation.
B) wrongful interference with a business relationship.
C) wrongful interference with a contractual relationship.
D) none of the choices.

Accepted Answer

Variety paid a fee to use the recording, which implies they had permission. Therefore, they have not committed appropriation or any wrongful interference.

Question 14

Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if
A) a coworker believes it.
B) Fiona suffers emotional distress.
C) the statement is true.
D) the statement is false.

Accepted Answer

Defamation requires a false statement to be made. Therefore, the statement must be false in order to be considered defamatory. A coworker believing it or Fiona suffering emotional distress may be factors in determining the extent of damages, but they are not the defining factor in determining whether the statement is defamatory. The truth of the statement is also not relevant as it is only false statements that can be considered defamatory.

Question 15

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) a bargaining relationship.
B) a business relationship.
C) a contractual relationship.
D) a customer relationship.

Accepted Answer

Dom is likely liable for wrongful interference with a business relationship because he is intentionally disrupting Flora's business dealings with her potential customers by soliciting them.

Question 16

At Scrumptious Cafe, Tyler believes that he was overcharged and shoves Uma, a waiter. Uma sues Tyler, alleging that the shove was a battery. Tyler is liable if
A) Scrumptious did not overcharge Tyler.
B) the shove was offensive.
C) Tyler acted out of malice.
D) Uma did not wait on Tyler.

Accepted Answer

Battery is defined as the intentional harmful or offensive touching of another person. Shoving Uma would likely be considered an offensive touching, making Tyler liable for battery regardless of whether Scrumptious overcharged him, whether there was malice involved, or whether Uma directly waited on him.

Question 17

Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use
A) any force.
B) any force, except force that is likely to cause death.
C) force that is reasonably necessary.
D) no force.

Accepted Answer

Ann may use force that is reasonably necessary to prevent harm in this situation. This means that she can use enough force to protect herself from harm but not necessarily all force available to her. The force used must also be proportional to the threat and not excessive. Using no force may leave Ann vulnerable to harm, and using any force or force likely to cause death may be considered excessive and could result in legal consequences for Ann.

Question 18

Joy invites Ken into her apartment. Ken commits trespass to land if he
A) enters the apartment with fraudulent intent.
B) harms the apartment in any way.
C) makes disparaging remarks about Joy to others.
D) refuses to leave when Joy asks him to go.

Accepted Answer

Trespass to land occurs when someone intentionally enters or remains on another person's property without permission. Therefore, only choice D is related to this definition. The other choices involve different legal concepts like fraud, harm to property and defamation, which do not fall under the category of trespass to land.

Question 19

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
A) emotion.
B) fact.
C) illusion.
D) opinion.

Accepted Answer

Fraud requires a false statement of fact, not a mere expression of emotion, illusion, or opinion.

Question 20

Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender. The statement is defamatory only if
A) a neighbor repeats it.
B) Ked suffers emotional distress.
C) the statement is true.
D) the statement is false.

Accepted Answer

The statement accusing Ked of being a convicted sex offender is defamatory only if it is false. If it is true, then it cannot be considered defamatory. The other options, such as a neighbor repeating it or Ked suffering emotional distress, may have other legal implications but they do not determine whether the statement is defamatory or not.

Quiz 6: Intentional Torts

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass only if he

Lew angrily accuses Meg, 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

Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be asso?ci?ated with Great Tans. In Holly's suit against Great Tans, the firm is most likely liable for

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

Louis-larger and stronger than Mica-threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

Clem, a Delite Dairy salesperson, follows Edna, a salesperson for Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of Edna's customers. Clem is most likely liable for

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

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina

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

Jane enters onto Sam's property to help someone in danger. If Sam charges Jane with trespass to land, Jane has

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if

Best Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Best may be liable for

Variety Auto Maker, Inc., uses, in its television ads, a recording by Wendy. For this use, Variety pays a fee to the owner of the rights to the recording. Over time, the song comes to be associated with Variety's products. Wendy re?sents this association and sues Variety. Variety has committed

Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if

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

At Scrumptious Cafe, Tyler believes that he was overcharged and shoves Uma, a waiter. Uma sues Tyler, alleging that the shove was a battery. Tyler is liable if

Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use

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

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

Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender. The statement is defamatory only if