Exam 5: Tort Law

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In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

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D

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

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A

Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud.

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False

In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

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Hal posts online secretly recorded videos of Ida, and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for

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For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports

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Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed

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Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for

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Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is

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A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

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An award of grossly excessive punitive damages is normally available in a suit involving gross negligence.

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Khan takes a rock from a pile of stones on Lamb's property and throws it intending to hit Minh, but misses and hits Nasir instead. For the tort of battery, Nasir can sue

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Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

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In a digital ad, Geo Treks, a retail sports equipment store, falsely accuses its competitor Headwaters of selling stolen kayaks and other gear. Headwaters' sales decrease. Geo Treks has most likely committed

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When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

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Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is

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Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for

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In a tort action, a business firm can recover general damages equivalent to the actual value of damage sustained.

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False imprisonment occurs only when a person justifiably restrains another.

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Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for

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