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Exam 5: Tort Law

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Question 1

True/False

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False imprisonment occurs only when a person justifiably restrains another.

A) True
B) False

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Question 2

Multiple Choice

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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

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.

E) A) and D)
F) None of the above

Correct Answer

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A

Question 3

Multiple Choice

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Hal posts online secretly recorded videos of Ida, and includes her name, address, phone number, and Facebook page. Most likely, Ida could bring a successful tort action against Hal for

Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud.

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is

In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

An award of grossly excessive punitive damages is normally available in a suit involving gross negligence.

Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for

Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for

In a tort action, a business firm can recover general damages equivalent to the actual value of damage sustained.

Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is

A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for

Khan takes a rock from a pile of stones on Lamb's property and throws it intending to hit Minh, but misses and hits Nasir instead. For the tort of battery, Nasir can sue

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed

In a digital ad, Geo Treks, a retail sports equipment store, falsely accuses its competitor Headwaters of selling stolen kayaks and other gear. Headwaters' sales decrease. Geo Treks has most likely committed