Exam 2 (Chapt 5)

10 October 2023
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30 test answers

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True
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True/False: To commit an intentional tort, a person must intend the consequences of his or her act or know with substantial certainty that certain consequences will result.
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False; fear of immediate
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True/False: A reasonable apprehension or fear of harmful or offensive contact in the distant future is an assault.
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True
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True/False: A defamatory statement must be communicated to a third party to be actionable
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False; element of larceny
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True/False: Puffery is fraud.
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True
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True/False: Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.
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False
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True/False: An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.
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True
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True/False: Strict liability is liability without fault
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False;
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True/False: Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.
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True
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True/False: An internet service provider is not normally liable for its users defamatory remarks.
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False
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True/False: Internet service providers are liable for the defamatory remarks of those who use their services.
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cause in fact
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Driving a car negligently, Rollo crashes into a utility pole. The pole falls, smashing through the roof of a house, killing Silky. But for Rollo's negligence, Silky would not have died. Regarding the death,
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hidden dangers
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To protect its customers and other business invitees, Quality Mart must warn them of
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other engineers
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Hector, an engineer, supervises the construction of a new house. When the house collapses due to faulty work, the injured parties sue Hector. As a professional, Hector is held to the same standard of care as...
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any third person
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Dante send a letter to Ella in which he falsely accusses her of embezzling. This is defamation only if the letter is read by
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even if Nina was only slightly at fault
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Nina is injured in a truck accident and sues Opal, alleging negligence. Opal claims that Nina was driving carelessly. Comparative negligence may reduce Nina's recovery...
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trespass to personal property
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Online Company is an Internet service provider. Ads Unlimited Inc., spams OC's customers, some of whom then cancel OC's services. Ads Unlimited is liable for...
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Lonnie does not have Myra's permission to drive on her land
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Lonnie drives across Myra's land. This is a trespass to land only if...
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force that is reasonably necessary
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Pam believes that Quinn is about to hit her. To prevent harmful contact in this situation, Pam may use...
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fact
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Ricky accuses Sara of fraud. Normally, the reliance that gives rise to fraud based on a statement of...
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wrongful interference with a business relationship
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Melvin, a wholesale dairy products salesperson, follows Nadine, another wholesale dairy products salesperson, as he contacts his customers. Melvin solicits each of Nadine's customers. Melvin is most likely liable for...
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provide remedies for the invasion of protected interests
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The basic purpose of tort law is to:
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confined or restrained by another person intentionally and without justification.
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If you are falsely imprisoned, you are:
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infliction of emotional distress
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If Sal sends Max a high-priority e-mail message telling Max that his wife has just died, when in fact Sal knows this is untrue, Max may be able to sue Sal for:
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A lack of intent to cause reliance on the misrepresentation.
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Which of the following is not an element of the tort of fraudulent misrepresentation?
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With permission, you walk across your neighbor's land.
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Which of the following would not constitute trespass to land?
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trade libel.
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Slander of quality is also known as:
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malpractice.
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If a dentist violates his or her duty of care to you by negligently cracking two of your teeth, you may be able to sue the dentist for:
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Assumption of risk.
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Which of the following is a defense to a negligence claim?
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"the facts speak for themselves."
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Res ipsa loquitur means:
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it is difficult to learn the identity the person who made the defamatory remarks.
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One of the legal difficulties posed by defamatory remarks made online is that: