Question 1

Caleb is driving a car in which Dotty is a passenger when an accident occurs.Caleb and Dotty are emotionally rattled, but neither is physically hurt.Caleb is not liable to Dotty on a negligence theory because

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The answer of Caleb is driving a car in which...

Question 2

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores.Dom solicits each of Flora's customers.Dom is most likely liable for wrongful interference with

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The answer of Dom, an EZ Baked Goods salesperson, follows...

Question 3

Toni files a suit against Universal Media Corporation for defamation.Actual malice must be shown for recovery of damages if Toni is

Accepted Answer

Actual malice must be shown for recovery of damages if Toni is a public figure. Public figures are individuals who have access to the media or are prominent in their community or profession, and therefore, must show actual malice to prove defamation. This is a higher standard than for private individuals.

Question 4

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

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The answer of OK Dry-Cleaning advertises so effectively that the...

Question 5

Sam, an engineer, supervises the construction of a new bridge.When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse.As a professional, Sam is held to the same standard of care as

Accepted Answer

As an engineer, Sam is held to the same standard of care as other engineers in the field, meaning that he is expected to exercise the same level of skill and care that a reasonable, competent engineer would use in similar circumstances. This is known as the standard of care for professionals in a particular field. Therefore, the best choice is B, other engineers.

Question 6

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

Accepted Answer

Trespass requires the act of entering onto someone else's property without their permission. Therefore, if Doyle does not have Bella's permission to drive on her land, he commits trespass. The other choices may lead to other legal consequences, but not necessarily trespass.

Question 7

Dian, a clerk at an Apple store, takes a Macbook from the store without permission.Dian is liable for

Accepted Answer

Dian is liable for conversion, which is the wrongful exercise of control over someone else's property. Taking the Macbook without permission is an example of this form of tort. Appropriation is the unauthorized use of someone else's name or likeness for one's benefit, and wrongful interference with a business relationship involves disrupting existing or prospective business relationships. Neither of these apply to the situation described.

Question 8

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

Accepted Answer

Jim's statement is a subjective opinion, and he has not made any false statements or misrepresentations about the product. Therefore, it is not considered fraud.

Question 9

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

Accepted Answer

Cook's Pantry Appliances must use reasonable care to warn its patrons of hidden risks. This means that while they may not be responsible for warning customers of every possible danger, they are responsible for informing customers of risks that are not immediately apparent, such as a wet floor, loose tiles, or malfunctioning equipment.

Question 10

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.Key, a patron, is injured.Jack's has committed

Accepted Answer

Jack's Fun Park has committed negligence per se by failing to maintain its equipment in accordance with the state statute. This means that the violation of the statute automatically establishes a duty of care and a breach of that duty, making it easier for Key to prove negligence on the part of Jack's.

Question 11

George has a badly infected right foot.Herb, George's physician, prescribes amputation.George agrees.During the operation, Herb amputates the left foot.In George's suit against Herb, George's best theory for recovery is

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The answer of George has a badly infected right foot.Herb,...

Question 12

Joy invites Ken into her apartment.Ken commits trespass to land if he

Accepted Answer

Trespass to land is the physical invasion of land that is in the actual possession of another. In this scenario, Joy has invited Ken into her apartment, but if Ken refuses to leave when Joy asks him to go, he is physically remaining on the land without Joy's permission and is thus committing trespass to land. The other choices do not necessarily involve physical invasion of the land.

Question 13

Lew angrily accuses Mandy, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry.The reliance that gives rise to liability for fraud is normally based on a statement of

Accepted Answer

Liability for fraud is based on a statement of fact, not emotion, opinion, or puffery. In this scenario, Lew is accusing Mandy of making fraudulent statements that induced him to invest in a company that turned out to be a bad investment. Therefore, the basis for liability would be a statement of fact.

Question 14

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury.Bargain Mart's employees are not aware of the spilled soda until Cody falls.In a suit against Bargain Mart, Cody will most likely

Accepted Answer

Bargain Mart has a duty to provide a safe shopping environment for its customers, and the presence of a puddle of spilled soda presents a foreseeable danger. Therefore, Bargain Mart may be liable for Cody's injury even if its employees were not aware of the spill. Cody may also be able to recover from the soda bottler, but this does not absolve Bargain Mart of its liability. Cody should not be expected to exercise more care than a reasonable person would under the circumstances.

Question 15

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

Accepted Answer

Liu assumes the risks normally associated with the Triathlon, as it is a standard part of participating in any athletic competition.

Question 16

Bette backs out of City Parking Garage, colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

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The answer of Bette backs out of City Parking Garage,...

Question 17

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself.Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin, injuring Nico.Nico files a suit against Owen, whose best defense is

Accepted Answer

The best defense for Owen in this scenario is a superseding cause. A superseding cause is an unforeseeable, intervening event that intervenes to break the connection between the defendant's negligent act and the plaintiff's injury. In this case, Quin's car hitting the ambulance while Nico was inside and causing injury to Nico would likely be considered a superseding cause, breaking the chain of causation between Owen's negligence and Nico's injuries.

Question 18

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

Accepted Answer

Jem may have committed trespass to personal property by taking and hiding Kyla's textbook without her consent. Trespass to personal property is the intentional interference with someone's lawful possession of personal property.

Question 19

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to

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The answer of Ralph, a van driver for Speedy Delivery...

Question 20

Kelly is injured when she slips and falls on Layla's sidewalk.To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of

Accepted Answer

The standard of care that Layla is subject to in this situation is that of a reasonable person. This means that Layla must take reasonable measures to ensure the safety of those who may come onto her property, such as maintaining a safe sidewalk free from hazards. A reasonable person is one who would exercise the degree of care that a reasonably prudent person would exercise in similar circumstances.

Quiz 7: Torts and Product Liability