Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

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.

Question 3

For fraud to occur, seller's talk must be involved.

Accepted Answer

A) True 
 B)False

Question 4

Under the theory of negligence, the duty of care requires an intentional act.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A)  assisting someone in danger. 
B)  consent. 
C)  self-defense. 
D)  the reasonable person defense.

Question 6

To commit an intentional tort, a person must have an evil or harmful motive.

Accepted Answer

A) True 
 B)False

Question 7

Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane's lipstick. Jane does not ask the model's permission. The model can sue Jane for

Accepted Answer

A)  battery. 
B)  fraudulent misrepresentation. 
C)  defamation. 
D)  appropriation.

Question 8

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is

Accepted Answer

A)  the cause in fact. 
B)  the intervening cause. 
C)  the proximate cause. 
D)  the superseding cause.

Question 9

Ralph, a van driver for Speedy Delivery Service, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to

Accepted Answer

A)  all those who were injured. 
B)  only those who were uninsured. 
C)  only those whose injuries could have been reasonably foreseen. 
D)  only those whose vehicles were closest to Ralph's van.

Question 10

Elise, an emergency medical technician renders aid to a participantin Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under

Accepted Answer

A)  no circumstances. 
B)  the doctrine of res ipsa loquitur. 
C)  the "danger invites rescue" doctrine. 
D)  an applicable Good Samaritan statute.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col-lapses onto a crane, which falls on Fazio, a by-stander, and injures him. What must Fazio show to recover dam-ages from Express Delivery?

Accepted Answer

The answer of Dixie, a driver for Express Delivery Company,...

Question 13

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

Accepted Answer

A)  even if Ichiro was only slightly at fault. 
B)  only if Ichiro and Heather were equally at fault. 
C)  only if Ichiro was less at fault than Heather. 
D)  only if Ichiro was more at fault than Heather.

Question 14

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

Accepted Answer

A)  $0. 
B)  $250,000. 
C)  $400,000. 
D)  $500,000.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

Accepted Answer

A)  assault. 
B)  battery. 
C)  false imprisonment. 
D)  none of the choices.

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

Accepted Answer

A) True 
 B)False

Question 20

If it can be shown that a trespass to land was warranted, a complete defense exists.

Accepted Answer

A) True 
 B)False

Exam 4: Tort Law

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

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

For fraud to occur, seller's talk must be involved.

Under the theory of negligence, the duty of care requires an intentional act.

To commit an intentional tort, a person must have an evil or harmful motive.

Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane's lipstick. Jane does not ask the model's permission. The model can sue Jane for

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is

Ralph, a van driver for Speedy Delivery Service, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to

Elise, an emergency medical technician renders aid to a participantin Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under

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

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

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

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

Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

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

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

Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

If it can be shown that a trespass to land was warranted, a complete defense exists.