Exam 8: Tort Law

Fraud occurs only when there is justifiable reliance on a true statement.

A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is​

Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to​

Gary accuses Helen, a broker with Investment Services, of fraudulently inducing him to invest in Junkbonds Inc., after the company's stock price declines in value. The reliance that gives rise to liability for fraud requires​

Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks​

Defense of others is a defense to an allegation of assault.

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​

A successful defense releases the defendant from liability for a tortious act.

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​

The most widely used defense in negligence actions is consent.

False imprisonment occurs when a person restrains another intentionally and without justification.

Only persons who are explicitly invited onto a business's premises are considered business invitees.

Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth's products. Beth does not ask Chelsea's permission. Beth is most likely liable to Chelsea for​

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.

Disparagement of property is a general term for the specific tort of appropriation.

Power Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load, it strikes a storage tank owned by Quality Fuel, Inc. For the cost of repairing the damage to the tank, Quality Fuel is most likely to be awarded​

A person assumes all risks associated with any activity in which he or she participates.

Defense of others is a defense to an allegation of battery.

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

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.