Question 1

Taking or using someone's personal property without consent is referred to as

Accepted Answer

A) fraud. 
B) negligence. 
C) conversion. 
D) trespassing.

Question 2

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Accepted Answer

A) True 
 B)False

Question 3

Wholesome Bread,Inc.advertised that its honey wheat bread had 25% fewer calories than a competing brand,Valley Grains.In fact,Wholesome's bread had the same amount of calories as Valley Grains' bread.Wholesome Bread's conduct

Accepted Answer

A) does not violate the Lanham Act because of the First Amendment freedom of speech. 
B) does not violate the Lanham Act because Wholesome did not act with actual malice. 
C) does not violate the Lanham Act because comparative ads are exempt from the law. 
D) violates the Lanham Act.

Question 4

Shortly after Brian started to work at Trevit,Inc.,a co-worker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?

Accepted Answer

A) Ann defamed Brian. 
B) Ann committed the tort of trespass. 
C) Ann committed the tort of interference with a prospective advantage. 
D) Ann committed the tort of battery.

Question 5

In an advertisement,FreshAir,Inc.stated that its air freshener lasted for 3 hours while the competitor's Smell Sweet lasted for only 36 minutes.In fact,Smell Sweet freshens the air for more than 2 hours.FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.

Accepted Answer

A) True 
 B)False

Exam 8: Intentional Torts and Business Torts

Taking or using someone's personal property without consent is referred to as

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Wholesome Bread,Inc.advertised that its honey wheat bread had 25% fewer calories than a competing brand,Valley Grains.In fact,Wholesome's bread had the same amount of calories as Valley Grains' bread.Wholesome Bread's conduct

Shortly after Brian started to work at Trevit,Inc.,a co-worker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?