BUL-4310 Midterm, CH. 12 – Flashcards
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Tort law provides remedies for acts that cause personal injury but not for acts that interfere with physical security.
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False
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The goal of tort law is to put a defendant in the position that he or she would have been in had the tort occurred to the defendant.
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False
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Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing.
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True
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Two notions serve as the basis for all torts: wrongs and compensation.
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True
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A successful defense releases the defendant from partial or full liability for a tortious act.
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True
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There are three broad classifications of torts: intentional torts, unintentional torts, and accidental torts.
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False
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Moral pressure constitutes false imprisonment.
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False
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When outrageous conduct consists of speech about a public figure, the First Amendment's guarantee of freedom of speech limits emotional distress claims.
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True
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A misrepresentation leads another to believer in a condition that is different from the condition that actually exists.
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True
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Abuse of process applies to any person using a legal process against another in an improper manner.
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True
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For fraud to occur, seller's talk must be involved.
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False
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Specifically targeting the customers of a competitor is always a legitimate business practice.
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False
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The tort of trespass to land is designed to protect the right of an owner to exclusive possession.
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True
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Most states do not allow automobile repair shops to hold a customer's car when the customer refuses to pay for repairs already completed.
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False
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Failure to live up to a standard of care may be an act or an omission.
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True
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The duty to exercise reasonable care requires storeowners to warn business invitees of all risks.
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False
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Judges use proximate cause to limit the scope of a defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's negligence.
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True
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Negligence per se may occur if an individual violates a statute or an ordinance providing for a criminal penalty and the violation causes another to be injured.
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True
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Courts apply the assumption of risk doctrine only in emergency situations.
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False
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Under the doctrine of comparative negligence, only the plaintiff's negligence is computed and the liability for damages is distributed accordingly.
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False
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Hayley is injured in an incident precipitated by Isolde. Hayley files a tort action against Isolde, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are
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compensatory damages.
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Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue
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Ladd
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Luella trespasses on Merchandise Mart's property. Through the use of rea-sonable force, Merchandise Mart's security guard Norris detains Luella until the police ar¬rive. Merchandise Mart is liable for
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none of the choices:
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Jackie, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ked of being a convicted thief. The statement is defamatory if
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the statement is false.
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Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer design program to show a famous model using Jayne's lipstick. Jayne does not ask the model's permission. The model can sue Jayne for
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appropriation
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Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for
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fraudulent misrepresentation
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Jenny Lee is an appliance salesperson. To make a sale, she asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is
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not fraud.
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Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Gooey Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful inter¬ference with a
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business relationship.
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OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is
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no tort.
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In advertising circulars, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars. Hi-Value's sales decrease. Lo-Price has most likely committed
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slander of title.
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Oakes enters Parnell's property to read an electric meter. Parnell asks Oakes to leave. Oakes refuses. Oakes has most likely committed
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trespass to land.
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Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for
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conversion
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Bette backs out of City Parking Garage, colliding with Dill's car and thereby causing damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as
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a reasonable person.
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Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because
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Duffy was not injured.
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Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of
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hidden risks.
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Rafi, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Rafi and Speedy are liable to
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only those whose injuries could have been reasonably foreseen.
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An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is injured. Jack's has committed
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negligence per se.
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Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks
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normally associated with the triathlon.
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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, under the "50 percent rule" comparative neg¬ligence principles, Oliver would recover
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$400,000.
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Precision Crafted Tools, Inc., makes tools for consumers and construction professionals. While using a Precision Crafted tool to replace an electrical fixture, Quinn neglects to shut off the power and is electrocuted. Quinn's heirs file a suit against Precision Crafted. In a contributory negligence jurisdiction, the plaintiffs could recover
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nothing
