BUS 346 Week 6 Quiz

BUS 346 Week 6 Quiz | Assignment Help | Mercer University

Exam 6: Chapter 6

Question 1

Persons who keep wild animals are strictly liable for any harm inflicted by the animals.

o   True

o   False

Question 2

A common defense to intentional torts against persons is consent.

o   True

o   False

Question 3

The purpose of tort law is to provide remedies for the violation of various protected interests.

o   True

o   False

Question 4

Under a dram shop act, liability can be imposed without proof of negligence.

o   True

o   False

Question 5

Fraud occurs only when there is reliance on a statement of opinion.

o   True

o   False

Question 6

To commit an intentional tort, one person must intend to harm a certain person.

o   True

o   False

Question 7

The public disclosure of private facts about a person is an invasion of privacy.

o   True

o   False

Question 8

Any lawful contract can potentially form the basis for an action based on wrongful in-terference with a contractual relationship.

o   True

o   False

Question 9

Under the doctrine of comparative negligence, only the plaintiff’s negligence is taken into consideration.

o   True

o   False

Question 10

Proximate cause exists when the connection between an act and an in-jury is strong enough to justify imposing liability.

o   True

o   False

Question 11

To determine whether a duty of care has been breached, a judge asks how a reasonable person would have acted in the same circumstances.

o   True

o   False

Question 12

If no harm results from an allegedly negligent act, there is no liability.

o   True

o   False

Question 13

The courts do not consider legitimate competitive behavior permissible if it results in the breaking of a contract.

o   True

o   False

Question 14

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

o   True

o   False

Question 15

Statements made by in judicial proceedings are NOT privileged communications and may be the basis for defamation.

o   True

o   False

Question 16

Self-defense is a defense to negligence.

o   True

o   False

Question 17

Disparagement of property is another term for slander of quality.

o   True

o   False

Question 18

Intentional torts result from the breach of a duty to act reasonably (fault without intent).

o   True

o   False

Question 19

Under the “danger invites rescue” doctrine, a person who tries to rescue another individual from harm is liable for any injuries to that individual.

o   True

o   False

Question 20

If it can be shown that a trespass to land was warranted, a complete defense exists.

o   True

o   False

Question 21

Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded

o   compensatory damages.

o   punitive damages.

o   contingency fees.

o   none of the choices.

Question 22

Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for

o   false imprisonment.

o   battery.

o   defamation.

o   no tort.

Question 23

Richard is an avid baseball fan and attends baseball games whenever he can. Richard considers himself an expert on all things, including risks, related to baseball. One day a ball flies into the stands, hits Richard in the head and seriously injures him. Richard can probably successfully win a case against the sports stadium based on

o   negligence.

o   breach of duty of care.

o   defamation.

o   none of the choices.

Question 24

In newspaper ads, 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

o   slander of quality.

o   slander of title.

o   wrongful interference with a business relationship.

o   none of the choices.

Question 25

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

o   abuse of process.

o   battery.

o   false imprisonment.

o   negligence.

Question 26

Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

o   assault and battery.

o   assault but not battery.

o   battery but not assault.

o   neither assault nor battery.

Question 27

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

o   attributable to the triathlon in any way.

o   different from the risks normally associated with the triathlon.

o   greater than the risks normally associated with the triathlon.

o   normally associated with the triathlon.

Question 28

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen’s statement is NOT defamatory if

o   only Hu hears it.

o   a third party hears it.

o   the statement is published.

o   the statement is a lie.

Question 29

Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender. The statement is defamatory if

o   a neighbour repeats it.

o   Ked suffers emotional distress.

o   the statement is true.

o   the statement is false.

Question 30

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella’s land. Doyle commits trespass if he

o   does not have Bella’s permission to drive on the property.

o   drives onto the property for recreational purposes.

o   harms the property in a material way.

o   harms the property in any way.

Question 31

Barbara is selling her car. She knows that the brakes do not work. When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems. The buyer purchases the car based on the assurance that there is nothing wrong with it. Barbara may be liable to the buyer for

o   assault.

o   defamation.

o   fraudulent misrepresentation.

o   invasion of privacy.

Question 32

Susan takes her car to Ken’s repair shop and asks him to fix the car’s brakes. Ken completes the work and sends Susan a bill for $100. Susan refuses to pay so Ken refuses to return Susan’s car. Susan can probably successfully sue Ken for

o   battery.

o   conversion.

o   trespass to property.

o   none of the choices.

 Question 33

Kai files a suit against Lana based on one of Lana’s statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

o   emotion.

o   fact.

o   illusion.

o   opinion.

Question 34

Manuel is walking past Thomas’s house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Thomas’s house, finds the child and brings it outside. If Thomas sues Manuel for trespass to land, Manuel’s defence will probably be

o   assisting someone in danger.

o   consent.

o   self-defence.

o   the reasonable person defence.

Question 35

Lizzie, a clerk at a Devices Plus retail store, takes an iPad from the store without permission. Lizzie is liable for

o   appropriation.

o   benefiting an employee.

o   conversion.

o   wrongful interference with a business relationship.

Question 36

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

o   if Ike intended to push Joan.

o   only if Ike did not intend to break Joan’s arm.

o   only if Ike had a bad motive for pushing Joan.

o   only if Ike intended to break Joan’s arm.

Question 37

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the “best one ever made.” This is

o   fraud if the statement is the truth.

o   fraud if Jim believes that this statement is not true.

o   fraud if Jim is stating his opinion, not the facts.

o   not fraud.

Question 38

Liz trespasses on Mega Corporation’s property. Through the use of rea-sonable force, Mega’s security guard Ned detains Liz until the police ar-rive. Mega is liable for

o   assault.

o   battery.

o   false imprisonment

o   none of the choices.

Question 39

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

o   appropriation.

o   conversion.

o   wrongful interference with a contractual relationship.

o   no tort.

Question 40

As a joke, Jem takes Kyla’s business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed

o   appropriation.

o   conversion.

o   disparagement of property.

o   trespass to personal property.