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Arthur offers Bob, an employee of Carol, a yearly salary of $10,000 more than Bob receives under the contractual relationship between Bob and Carol. Arthur knows about the contract between Bob and Carol and knows that the contract should run for another five years, but Arthur badly wants Bob to work for him. Arthur probably is liable to Carol for intentional interference with contractual relations.
Qualified privilege depends on proper use of the privilege.
Brad doesn't like Carl and especially dislikes Carl's new felt hat, so he intentionally knocks it off Carl's head in order to embarrass Carl. Brad has committed a battery.
Minors under the age of 18 are not held liable for their intentional torts.
Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.
The Restatement Third, Torts, completed and approved in 2004, covers torts that involve economic loss not resulting from physical harm to persons or property.
Only the intentional destruction of personal property and not the use of the property in an unauthorized manner can give rise to a cause of action for conversion.
The law provides no protection from harm to a person's right of dignity.
The law of torts reallocates losses caused by human misconduct.
For purposes of defamation, a publication includes non-written, verbal communication to third parties.
To help sell the product, a book publisher used a well-known commentator’s name and her quote on the back book jacket of a new release without the commentator’s knowledge or permission. No tort was involved since there was no injury to anyone.
A person cannot be guilty of trespass unless he or she intended to violate the other's rights.
Barnhart, an employer in control of an electronic bulletin board, is protected under the Communications Decency Act from liability for online defamatory statements made by employees.
One of the principal objectives of tort law is to prevent future harms and losses.
A privilege may result in immunity from tort liability.
All batteries are immediately preceded by an assault.
The Hometown News snapped a picture of Tim as he was sleeping under a tree in the park on a warm spring day. They printed the picture on the front page of the paper. The Hometown News is guilty of:
Which of the following can be raised as a defense to a claim of defamation?
A radio communication that meets the test of defamation may also be categorized as:
The tort of public disclosure of private facts requires:
Anita included Bob's name and photograph in a list of the FBI's top ten criminals. Bob has never been convicted of any crime and is horrified by the thought of being considered a criminal. Anita’s action:
Bodily contact that is harmful or offensive can give rise to the tort of:
Most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:
with probable cause, in a reasonable manner, and for not more than a reasonable time.
Arthur fires a gun in the middle of the desert. He intends to fire the gun, but has no reason to believe anyone else is in the area. If the bullet hits Bob, who happens to be riding his ATV across the desert:
Which one of the following is NOT one of the torts included within invasion of privacy?
Mark threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office. Mark:
Ashley wrote a defamatory letter regarding Brian which she mailed to Brian, but which she did not show to anyone else. Ashley has committed:
Three torts comprise the misuse of legal procedure. They include:
Cameron doesn't like Bradley, so at a cocktail party he spread untrue rumors about Bradley’s lifestyle. These rumors harm Bradley's reputation in the community. Cameron:
Litigation for the tort of disparagement may include:
a demand for expenses for the cost of notifying customers of the falsity of the publication.
Alice was briefly married at the age of 16. She is now 28 years old and plans to marry Henry. Henry's sister found out about Alice's first marriage and then told Henry's parents. Alice now wants to sue Henry's sister for public disclosure of private facts. Does Alice have a case against Henry's sister?
Intentional harm to property includes the torts of:
Andrew noticed Michael and his pregnant wife Georgette walking down the street and, as a joke, drove his car within inches of Michael. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. Andrew has:
In an article about a prominent judge, a newspaper indicates that the judge had organized crime connections. The judge sues. The judge will have a cause of action:
An absolute privilege exists to protect which of the following defendants in defamation cases?
Francenie was digging a trench to install a drainage pipe along her property line and she accidentally tunneled under a small area on her neighbor’s property. The entry onto the neighbor’s property:
Intent as used in the law of intentional torts requires the defendant to:
Intentional harm to the person includes which of the following torts?
A person who falls asleep while driving would not be liable for any resulting injury since it would be an unavoidable accident.
In most of the states, a sixteen-year-old who drives a car will be held to the same standard of care as an adult for purposes of determining negligence.
All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.
Negligence per se is a defense in a negligence case.
Frank, after drinking too much alcohol, would be held to a lower standard of care than if he were sober, because a reasonable drunk person is less careful than a reasonable sober one.
Because of the harshness of the all-or-nothing contributory negligence rule, nearly all states have now substituted the last clear chance doctrine for contributory negligence.
All intervening causes of harm are also superseding causes.
The Third Restatement of Torts has abandoned the defense of implied voluntary assumption of risk.
There are no defenses available for strict liability; it is imposed absolutely.
Which of the following is correct with respect to the reasonable person standard?
If Janice, while driving her car, carelessly runs into Paul, a pedestrian who is crossing the street within the crosswalk, Janice is liable in negligence for:
Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Bob's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be:
Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cornmeal for the chickens. The chickens died and the neighbor sues. What is the likely result?
Barb goes to Marlin's Department store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Barb trips over the clutter and breaks her leg. What standard of care does the store have toward Barb under the circumstances?
the store is not liable to Nelson since the door was well lighted and plainly visible.
The harshness of the contributory negligence doctrine has been mitigated by:
(a) and (b), but not (c).
A form of strict liability applies to all except which of the following situations?
In Soldano v. O'Daniels, the court re-examined the common-law rule of nonliability for not taking affirmative action to save someone from peril. The court considered which of the following factors with respect to imposing duties for affirmative action by third parties?
Which of the following is not a special relationship giving rise to a duty to act to aid or protect one in peril?
The reasonable person standard is:
A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later a train approached. The engineer saw the man on the track and could have stopped, but the train's brakes were defective. As a result, the train hit and killed the man. His family is suing the railroad for negligence.
In which of the following situations would a court be likely to find an affirmative duty to act?
Which of the following are activities that give rise to strict liability?
The Code requires that the affirmations, promises, or descriptions the seller makes be relied on by the buyer to be an express warranty.
Jennifer purchased a used refrigerator from her next-door neighbor, a mail carrier. When she took it home and plugged it in, the refrigerator burst into flames. The seller in this case is in breach of the implied warranty of merchantability.
The Magnuson-Moss Warranty Act is administered by the Federal Trade Commission.
Despite 402A's bar of contributory negligence in strict liability cases, some courts apply comparative negligence to strict liability cases.
Under comparative negligence, the court apportions damages between parties in proportion to the degree of fault or negligence it finds against them.
Horizontal privity pertains to remote sellers within the chain of distribution.
If the seller of goods is an expert and gives an opinion with regard to the goods, the seller may be liable for breach of warranty.
Statutes of repose were enacted to give consumers more rights against large manufacturers.
Section 402A provides that liability exists only if the product reaches "the user or consumer without substantial change in the condition in which it is sold."
Lucille bought a new lawn mower on sale at a local discount store. The mower did not come with an instruction book nor did it have warning labels placed near dangerous parts of the mower. If Lucille injures herself while using this mower, she can claim that she purchased a defective product.
An expreess warranty may consist of a sample.
The Code does not permit a seller to seek to impose time limits within which a warranty is effective.
An implied warranty is found in the language of a sales contract.
The Restatement (Third) of Torts: Products Liability has experienced rapid adoption by the states.
Terrell asks a salesperson what size of water heater he should buy for their twenty-unit motel. If Terrell purchases a tank based on the salesperson’s suggestion, the salesperson’s recommendation is:
Strict liability in tort imposes liability on:
An express warranty within the meaning of the Code is created by which of the following?
Which of the following products would impose strict liability in tort according to Section 402A?
Which of the following is true with regard to implied warranties under the Code?
Bob rented a lawn mower from Scott Rentals. The lawn mower wheel was loose when Bob picked up the mower. When he began to use it, the wheel fell off, causing the mower to tip over onto his foot. Under what theory can Bob hold Scott liable for his injuries?
An obligation of the merchant-seller that the goods are reasonably fit for the ordinary purposes for which they are manufactured and sold, and the goods are of fair average quality is known as:
Eric bought a new snowmobile from the North Pole Manufacturing Company. After buying the machine, Eric then modified the spark plugs and a few other things in order to soup it up. In February, just after a snowfall, Eric was driving the snowmobile, when it tipped over, trapping him beneath it. His leg was severely burned. Eric now wants to sue North Pole for strict liability in tort. Eric:
Karen decided to sell her stair step exerciser, because she wasn't using it as much as she thought she would. Her friend Lydia bought it from Karen for $100. The first day that Lydia used the exerciser, it fell apart, injuring Lydia's ankle. In this situation:
If the buyer inspects the goods before entering into the contract, then implied warranties:
Alice is browsing in a commercial art gallery when she sees a painting that she likes. Arthur, who is the manager of the gallery, tells her that in his opinion the painting is a genuine Leroy Neiman work. Based upon that representation, Alice buys the work for $5,000. She later discovers that the painting is only a cheap copy of the original that is worth no more than $50. Arthur has:
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