Question 1

Driving his sport utility vehicle negligently,Bart crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Chris.But for Bart's negligence,Chris would not have died.Regarding the death,the crash is the

Accepted Answer

The answer of Driving his sport utility vehicle negligently,Bart crashes...

Question 2

Pat files a successful suit against Quality Stores based on Quality's neg?li?gence.Normally,an award in such a suit consists of

Accepted Answer

In a successful suit based on negligence, the typical award would be compensatory damages to reimburse the plaintiff for any actual losses or harm they suffered as a result of the defendant's negligence. Comparative damages, contributory damages, and punitive damages may be awarded in other types of cases, but are not likely to be relevant in a negligence suit.

Question 3

Axel steals a business law textbook from Bernie.Curt,who does not know that the book is stolen,buys it from Axel.Curt has committed

Accepted Answer

The answer of Axel steals a business law textbook from...

Question 4

Ultimate Corporation uses,in its radio ads,a recording by Vicky,who owns the rights,without paying for the use.Over time,the song comes to be asso?ci?ated with Ultimate's products.Vicky sues Ultimate.Ultimate is most likely liable to Vicky for

Accepted Answer

Ultimate Corporation is using Vicky's song without her permission or compensation, which constitutes appropriation (also known as the right of publicity). Vicky has the right to control the use of her own property, and Ultimate Corporation has infringed on that right by using the recording in their ads. The fact that the song has come to be associated with Ultimate's products only strengthens Vicky's case.

Question 5

Kelly is an appliance salesperson.Kelly commits fraud if,to make a sale,she

Accepted Answer

Kelly would be committing fraud if she represents as a fact something that she knows is untrue.

Question 6

Polly invites Quinn onto her land.Quinn commits trespass if

Accepted Answer

Trespass occurs when someone enters onto another person's property without permission. In this scenario, Polly has invited Quinn onto her land, which gives her permission to be there. However, if Polly asks Quinn to leave and Quinn refuses, that would be considered trespassing because Quinn no longer has permission to be on the property. The other choices do not necessarily involve trespassing.

Question 7

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

Accepted Answer

Actual malice must be shown for recovery of damages if Todd is a public figure. In such cases, the plaintiff must prove that the defendant made the defamatory statement with actual malice, meaning they either knew it was false or acted with reckless disregard for the truth. However, if Todd is a private individual, he would only need to prove negligence on the part of the defendant, not actual malice.

Question 8

Lana hires Mike,an architect,to design a warehouse.When she reviews Mike's design,Lana is dissatis?fied with the look of the new building and sues Mike,alleging negligence.Mike can successfully defend against the suit by proving that

Accepted Answer

Negligence requires proof of injury or harm. If Lana was not injured, Mike can defend against the negligence claim.

Question 9

Ned leaves his car with OK Car Shop to have it repaired.After the car is fixed,OK keeps it.OK is not liable for trespass to personal property if

Accepted Answer

OK Car Shop is not liable for trespass to personal property if Ned refuses to pay for the repair because they have a legal right to retain the car until payment is made, known as a mechanic's lien.

Question 10

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

Accepted Answer

Acme Computers is taking unethical steps to divert the customers of Cyber Goods, which can be considered as wrongful interference with a business relationship. This is because Cyber Goods has a business relationship with its customers, which Acme is trying to disrupt for its own benefit. Appropriation refers to the unauthorized use of someone's name or likeness for commercial purposes, which does not apply in this scenario. Wrongful interference with a contractual relationship refers to interfering with a contractual agreement between two parties, which is also not applicable in this case.

Question 11

Kit carelessly bumps into Luke,knocking him to the ground.Kit has committed the tort of negligence

Accepted Answer

Negligence requires a duty of care, breach of that duty, causation, and actual harm or injury. If Luke is injured, Kit may be liable for negligence.

Question 12

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 involves the intentional misrepresentation of a material fact. Therefore, the statement must be a fact rather than a mere opinion, delusion, or illusion.

Question 13

Curt,a dairy goods salesperson,follows Dona,a competitor's salesperson,as she visits convenience stores to make sales.Curt solicits each of Dona's customers.Curt is likely liable for

Accepted Answer

Curt is engaging in wrongful interference with a business relationship by trying to divert Dona's customers to buy from him instead. This is a business tort that can result in liability for damages.

Question 14

Ollie,a clerk at PC Computer Store,takes a computer from the store without PC's permission.Ollie is liable for conversion

Accepted Answer

Conversion is a tort that involves the unauthorized taking or use of someone else's property, which deprives the owner of their rights. Ollie is liable for conversion under any circumstances because he took the computer without permission, regardless of damage, reason, or subsequent theft.

Question 15

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, Dirk's driving must be both the causation in fact (meaning it directly caused the injury) and the proximate cause (meaning it was the foreseeable cause of the injury). Therefore, only choice D satisfies both conditions.

Question 16

Jay drops a bowling ball on Kyla's foot.Jay is liable for negligence if he acted

Accepted Answer

Negligence requires a failure to exercise reasonable care. In this case, dropping a bowling ball on someone's foot is an action that would not be considered reasonable care, making Jay liable for negligence.

Question 17

Bill enters onto Cindy's property to help Donna,who is in danger.Cindy charges Bill with trespass to land.Bill has

Accepted Answer

Bill would have a complete defense of necessity to the charge of trespass to land. This defense is available when a person enters onto another's property without permission in order to prevent harm to themselves or others. In this case, Bill entered onto Cindy's property to help Donna who was in danger, which would likely be considered a justifiable reason for his actions.

Question 18

To protect its customers and other business invitees,Supreme Retail Corporation must warn them of

Accepted Answer

Supreme Retail Corporation is only required to warn customers and business invitees of concealed dangers, which are not readily observable or apparent upon reasonable inspection. They are not required to warn of open and obvious dangers that would be easily recognizable to a reasonable person. Additionally, they are not required to warn of no dangers.

Question 19

Dale hears Ed falsely accuse Flo of stealing from Great Warehouse,Inc. ,their employer.Ed's statement is defamatory

Accepted Answer

Dale heard Ed's false accusation, which makes it defamatory. The other options are not relevant in determining whether a statement is defamatory.

Question 20

Steve,a television news reporter,knowingly broadcasts an untrue story claiming that Medi-Drugs,Inc. ,mar?kets a medicine for children that con?tains highly addictive drugs.Steve is liable for

Accepted Answer

Steve's actions constitute the tort of slander, which is a false statement spoken with the intent to harm a person's reputation. In this case, Steve's false story about Medi-Drugs, Inc. could harm its reputation and result in financial losses. The type of slander involved here is slander of quality, which involves false statements about the quality of a product or service.

Quiz 4: Torts and Cyber Torts