Chapter 6

4 October 2022
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36 test answers

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question
the bases of all torts are wrongs and compensation
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true
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A torfeasor is one wrongfully alleges that a tort has been committed.
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false
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to commit an intentional tort, a person must have an evil and harmful motive
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false
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false imprisonment occurs when a person restrains another intentionally and without justification
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true
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moral pressure constitutes false imprisonment
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false
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defense of others is a defense to an allegation of battery
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true
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Fraud occurs only when there is justifiable reliance on a true statement
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false
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For fraud to occur, seller's talk be involved
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false
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A defamatory statement must be communicated to a third party to be actionable
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true
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An individual's privacy is invaded if his or her likeness is used for commercial purposes without permission.
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True
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Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.
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True
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Tort law provides remedies for acts that cause the destruction of or damage to property.
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True
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Through tort law, society compensates those who suffer injuries as a result of others' wrongful conduct.
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True
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A class action is a lawsuit in which a large number of plaintiffs bring suit as a group.
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True
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Very few states limit the amount of damages that can be awarded in tort cases.
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false
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The most widely used defense in negligence actions is comparative negligence.
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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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Defense of others is a defense to an allegation of assault.
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true
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Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.
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False
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If it can be shown that a trespass to land was warranted, a complete defense exists.
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true
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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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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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To avoid liability for negligence, a business owner must protect its customers against all risks.
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false
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Only persons who are explicitly invited onto a business's premises are considered business invitees
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false
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Under the theory of negligence, the duty of care requires an intentional act.
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false
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If no harm results from an allegedly negligent act, there is no liability.
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true
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Proximate cause exists when the connection between an act and an in-jury is strong enough to justify imposing liability.
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true
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Harm must be foreseeable to be considered the proximate cause of an injury in negligence.
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true
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A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.
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false
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The taking of electronic records and data can form the basis of a conversion claim.
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true
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Disparagement of property is a general term for the specific tort of appropriation.
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false
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Conversion is limited to theft.
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false
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Under the doctrine of strict liability, if there is no fault, there is no liability.
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false
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Under the doctrine of strict liability, liability is imposed only if a person fails to use all reasonable care.
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false
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Under the doctrine of comparative negligence, only the plaintiff's negligence is taken into consideration.
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false
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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
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true