Exam 2 (Chapt 5)

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30 terms · Chapter 5

True

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.

False; fear of immediate

True/False: A reasonable apprehension or fear of harmful or offensive contact in the distant future is an assault.

True

True/False: A defamatory statement must be communicated to a third party to be actionable

False; element of larceny

True/False: Puffery is fraud.

True

True/False: Conversion is wrongfully taking or retaining an individual's personal property and placing it in the service of another.

False

True/False: An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

True

True/False: Strict liability is liability without fault

False;

True/False: Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

True

True/False: An internet service provider is not normally liable for its users defamatory remarks.

False

True/False: Internet service providers are liable for the defamatory remarks of those who use their services.

cause in fact

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,

hidden dangers

To protect its customers and other business invitees, Quality Mart must warn them of

other engineers

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...

any third person

Dante send a letter to Ella in which he falsely accusses her of embezzling. This is defamation only if the letter is read by

even if Nina was only slightly at fault

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...

trespass to personal property

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...

Lonnie does not have Myra's permission to drive on her land

Lonnie drives across Myra's land. This is a trespass to land only if...

force that is reasonably necessary

Pam believes that Quinn is about to hit her. To prevent harmful contact in this situation, Pam may use...

fact

Ricky accuses Sara of fraud. Normally, the reliance that gives rise to fraud based on a statement of...

wrongful interference with a business relationship

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...

provide remedies for the invasion of protected interests

The basic purpose of tort law is to:

confined or restrained by another person intentionally and without justification.

If you are falsely imprisoned, you are:

infliction of emotional distress

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:

A lack of intent to cause reliance on the misrepresentation.

Which of the following is not an element of the tort of fraudulent misrepresentation?

With permission, you walk across your neighbor's land.

Which of the following would not constitute trespass to land?

trade libel.

Slander of quality is also known as:

malpractice.

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:

Assumption of risk.

Which of the following is a defense to a negligence claim?

"the facts speak for themselves."

Res ipsa loquitur means:

it is difficult to learn the identity the person who made the defamatory remarks.

One of the legal difficulties posed by defamatory remarks made online is that:

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