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Proximate cause exists if "but for" a wrongful act, an injury would not have occurred.

A) True
B) False

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If an owner consents to the taking of his or her property, a failure to return cannot be a tort.

A) True
B) False

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Foreseeability is the test for proximate cause.

A) True
B) False

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A false statement about a person's business can give rise to liability for defamation.

A) True
B) False

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Ciera is injured when a roofing tile breaks free, falls from the roof of a building, and strikes her. If Ciera brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for


A) monetary losses, such as medical expenses.
B) nonmonetary aspects of the harm suffered, such as pain and suffering.
C) egregious or reprehensible conduct by the defendant.
D) all of the choices.

E) B) and C)
F) None of the above

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

A) True
B) False

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In most states, a plaintiff can obtain an unlimited amount of noneconomic general damages in a tort action.

A) True
B) False

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


A) monetary losses, such as lost wages and benefits.
B) nonmonetary aspects of the harm suffered, such as loss of reputation.
C) the defendant's reckless disregard of the effect on the life of another.
D) all of the choices.

E) All of the above
F) B) and C)

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Any time one party's allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.

A) True
B) False

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Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is


A) contemptuous.
B) an opinion.
C) true.
D) false.

E) None of the above
F) All of the above

Correct Answer

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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 collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?

Correct Answer

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To recover on the ground of negligence, ...

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Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have


A) intended to commit the act.
B) intended to harm Erin's business.
C) acted with an evil motive.
D) acted with a harmful motive.

E) All of the above
F) B) and C)

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Ivy slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ivy is more than 50 percent at fault, she will recover


A) nothing.
B) half of the expenses.
C) the amount of the expenses attributable to Jet's fault.
D) the entire amount of the expenses.

E) A) and B)
F) B) and C)

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Liability for injuries based on proportionate negligence is allowed by most states.

A) True
B) False

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Good Samaritan statutes were passed largely to protect, in emergency situations,


A) those in need, such as individuals hurt in accidents.
B) landlords and other property owners.
C) physicians and medical personnel.
D) business invitees.

E) All of the above
F) A) and B)

Correct Answer

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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


A) none of the choices.
B) conversion.
C) appropriation.
D) trespass to personal property.

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

Correct Answer

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An economically injurious falsehood about a business's product can support a tort action for disparagement of property.

A) True
B) False

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An employer can use his or her power and control to engage in an intentional pattern of outrageous abuse against an employee without potential tort liability.

A) True
B) False

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An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable.

A) True
B) False

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The standard of reasonable care for a professional is the same as that of an ordinary person.

A) True
B) False

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