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Q:
Which of the following statements is true of fraud?
A. Fraud is only applicable for the intentional misrepresentation of property.
B. The victim of a fraud need not be injured in any way for it to be a tort as long as the victim can prove that the defendant committed the fraud.
C. Fraud can be proved by giving evidence that one was harmed by another failing to disclose a material hidden fact.
D. Fraud is only applicable in cases involving financial transactions in business settings.
E. Fraud is always a tort and not a crime.
Q:
Larry sells a truck to Tim. He does not mention to Tim that the truck has a faulty engine. The truck breaks down after a week, and Tim has to replace the engine, which costs him $2,000. In this case, Tim can sue Larry for the tort of ______.
A. fraud
B. trade disparagement
C. larceny
D. negligence
E. conversion
Q:
Barry, the CEO of Trenton Corp., claims that their competitor, BMN Inc., simply produces a modified version of Trentons product. He also publicly claims that BMNs products are poor in quality. If the claims made by Barry are untrue, BMN Inc. can sue Barry for the tort of ______.
A. fraud
B. injurious falsehood
C. battery
D. larceny
E. malicious prosecution
Q:
Injurious falsehood, a common business tort, is sometimes called ______.
A. false imprisonment
B. duress
C. trade disparagement
D. trade discouragement
E. battery
Q:
Which of the following torts consists of the publication of untrue statements that disparage a business owners product or its quality?
A. assault
B. false imprisonment
C. trespass
D. battery
E. injurious falsehood
Q:
______ takes place when one who has a duty to act reasonably acts carelessly and causes injury to another.
A. Negligence
B. Assault
C. Trespass
D. Racketeering
E. Conversion
Q:
______ is the wrongful exercise of dominion and control over the personal resources that belong to another.
A. Libel
B. Garnishment
C. Conversion
D. Rescission
E. Injunction
Q:
Which of the following acts is an example of conversion?
A. Zainab borrowing an annual report from a firms library
B. Donald returning Larrys car in the same condition as it was when he had borrowed it
C. Scott publishing untrue statements about his manager in their companys newsletter
D. Ruth purchasing a cell phone from Sandra without knowing that Sandra had stolen it
E. Gerome, a doctor, revealing sensitive patient information to the media without obtaining the patients consent
Q:
John rents a movie from a video store, but instead of returning it, he lends it to Sam who accidentally loses it. In this case, John commits the tort of ______.
A. conversion
B. theft
C. battery
D. trespass
E. invasion of privacy
Q:
Jason borrows Matts car for a road trip. He meets with an accident on his trip and damages Matts car. Jason then returns the car to Matt stating that the accident is not his fault and that he is not going to pay for damages. In this scenario, Matt can sue Jason for the tort of ______.
A. conversion
B. willful negligence
C. comparative fault
D. battery
E. fraud
Q:
Which of the following statements is true of defamation?
A. Written defamation is called slander.
B. If defamation is oral, it is called libel.
C. Corporations cannot sue for defamation.
D. Defamation suits can be brought by employees against current or former employers.
E. The news media can be sued for defamation even if the reported statements are true as it constitutes an invasion of privacy.
Q:
A group of students stay back at their school late into the night to party. The security guard finds the students and asks them to leave, but they refuse to do so and threaten the security guard with violence to silence him. This is an example of the tort of ______.
A. trespass
B. willful negligence
C. libel
D. invasion of privacy
E. duress
Q:
The security guard at MV-Store suspects Roberta of shoplifting and detains her. His suspicion is based solely on the fact that she is dressed differently than the stores typical customer. The security guard finds nothing illegal in Robertas belongings. Roberta is furious and decides to sue MV-Store. In this case, Roberta is most likely to file a(n) ______ lawsuit against MV-store.
A. malicious prosecution
B. false arrest
C. false imprisonment
D. trespass
E. invasion-of-privacy
Q:
If defamation is oral, it is called ______.
A. duress
B. slander
C. libel
D. hearsay
E. assault
Q:
Written defamation, or defamation published over radio or television, is termed ______.
A. hearsay
B. libel
C. battery
D. slander
E. assault
Q:
Statner, a doctor, reveals sensitive medical information about Ray, his patient, to the media. As a result, Ray is subject to sympathetic attitude and discrimination at work. He decides to sue Statner. Which of the following statements is true in this case?
A. Statner has not committed a tort for which Ray can sue.
B. Statner has intentionally interfered with Rays contractual obligations.
C. Statner can be sued for invasion of privacy.
D. Statner can be sued for libel.
E. Statner has defamed Ray and will have to pay damages.
Q:
Many advertisers have been required to pay damages to individuals when pictures of them have been used without authorization to promote products. In such situations, which of the following torts has been committed by the advertisers?
A. assault
B. defamation
C. battery
D. invasion of privacy
E. malicious prosecution
Q:
False arrest is also called ______.
A. conversion
B. false imprisonment
C. embezzlement
D. malicious prosecution
E. battery
Q:
The intentional unjustified confinement of a nonconsenting person is known as ______.
A. negligence
B. false imprisonment
C. prior restraint
D. malicious prosecution
E. duress
Q:
Which of the following acts is an example of malicious prosecution?
A. A patient files a suit against his doctor for malpractice.
B. A storekeeper detains a customer under the suspicion of shoplifting.
C. A newspaper publishes incriminating information about a public official.
D. An employer fires his employee for pulling a prank on him.
E. A student gets her classmate arrested by falsely accusing her of drug peddling.
Q:
To enter anothers land without consent or to remain there after being asked to leave constitutes the tort of ______.
A. assault
B. conversion
C. battery
D. trespass
E. invasion of privacy
Q:
Tony has admired Ann for months, but he has never talked to her. One day, Tony walks up to Ann and gives her a hug. Ann is angry and decides to sue Tony. In this case, Tony has committed the tort of ______.
A. duress
B. conversion
C. battery
D. negligence
E. fraud
Q:
Brooke walks up to Kevin, a complete stranger, and demands that Kevin pay her $1,000 or she will hurt him. In this case, Brooke commits a(n) ______.
A. battery
B. assault
C. disparagement
D. fraud
E. conversion
Q:
Teresa, the manager at Victory Corp., warns Samuel who performs poorly throughout the year that he would lose his job if he did not perform well. Later that evening, Samuel sends Teresa an e-mail from an anonymous address in anger, threatening to harm her. The next day, Samuel realizes his mistake and apologizes to Teresa. In this case, Teresa can sue Samuel for ______.
A. assault
B. battery
C. conversion
D. wanton negligence
E. fraud
Q:
Claude finds out that Gina is responsible for his being fired. In a fit of rage, Claude attacks Gina when she walks home. In this case, Gina can sue Claude for ______.
A. assault
B. battery
C. duress
D. libel
E. invasion of privacy
Q:
Jim, a restaurant manager, punches a customer for his uncouth behavior toward a waiter. In this scenario, the customer can sue Jim for ______.
A. assault
B. fraud
C. battery
D. libel
E. duress
Q:
Common carriers, transportation companies licensed to serve the public, are strictly liable for misconduct of the shipper, such as improper packaging.
Q:
In most states, the courts impose strict liability in tort for types of activities they call ultrahazardous.
Q:
Punitive or exemplary damages do not apply to willful and wanton negligence.
Q:
Juries frequently use state-adopted life expectancy tables and present-value discount tables to help them determine the amount of compensatory damages to award.
Q:
Which of the following statements is true of tort law?
A. It deals with criminal cases rather than civil cases.
B. It typically deals with breach of contract.
C. It exists to protect people from being tried twice for the same crime.
D. It requires an agreement between the parties involved to resolve a wrong.
E. It sets limits on how people can act and use their resources.
Q:
______ is usually defined as the desire to bring about certain or substantially likely results.
A. Tort
B. Dereliction
C. Intent
D. Negligence
E. Malpractice
Q:
It is important to a successful assumption-of-the-risk defense that the assumption was voluntary.
Q:
Adoption of the comparative negligence principle seems to lead to more frequent and larger awards for plaintiffs.
Q:
Production defects arise when products are not manufactured to a manufacturers own standards.
Q:
Design defects occur when a product is manufactured according to a manufacturers standards, but the product injures a user due to its unsafe design.
Q:
Misuse is a defense that defendants commonly raise in product liability cases.
Q:
Injurious falsehood usually applies to character or reputation rather than a product or business.
Q:
Penta Corp. convinces the employees of its competitor, Gordon Inc. to break their contracts with Gordon and join Penta. In this case, Penta Corp. has committed the tort of injurious falsehood.
Q:
In business, negligence can occur when employees cause injury to customers or others.
Q:
In its application for proximate causation, foreseeability has come to mean that the plaintiff must have been one whom a defendant could reasonably expect to be injured by a negligent act.
Q:
Assumption of the risk can arise from an express agreement.
Q:
As a cause of action, injurious falsehood is similar to defamation of character.
Q:
Only individuals can sue for defamation, not corporations.
Q:
If a professor, during a class, accuses a student of being a thief when in truth the student has never stolen anything in his life, the professor is guilty of libel.
Q:
A defense for defamation is that the defaming statement arose from privileged communications.
Q:
Defamatory remarks are presumed false unless a defendant can prove their truth.
Q:
In disparagement cases, a plaintiff must establish the falsity of a defendants statements.
Q:
The news media are liable for the defamatory untruths they print about public officials and public figures even if the defendants prove that they were published without malice or without any disregard for the truth.
Q:
Jake borrowed Adams book, but he lost the book before he could return it to Adam. In this case, Jake has committed a battery.
Q:
Purchasing, even innocently, something that has been stolen is considered conversion.
Q:
Defamation is the publication of untrue statements about another that hold up that individuals character or reputation to contempt and ridicule.
Q:
Many times a battery follows an assault.
Q:
False imprisonment is a tort of negligence.
Q:
False imprisonment arises from causing someone to be arrested criminally without proper grounds.
Q:
The tort of trespass arises only when a defendant damages the property of a plaintiff.
Q:
An assault is an illegal touching of another.
Q:
Touching can constitute part of a battery only if it causes physical injury.
Q:
Legally, a tort is any civil wrong other than a breach of contract.
Q:
Rita is drunk while driving her car, and she hits Annas car. This makes Anna a tortfeasor.
Q:
Strict liability torts impose legal responsibility for injury even though a liable party neither intentionally nor negligently causes the injury.
Q:
One is not liable for anothers injury unless he or she has a duty toward the person injured.
Q:
An injunction is a court order for a party to a contract to
A. do something agreed to under an original contract.
B. pay compensatory damages to the nonbreaching party of the contract.
C. pay consequential damages to the nonbreaching party of the contract.
D. release the nonbreaching party from its contractual obligations.
E. relinquish its right to enforce the contract.
Q:
The purposeful reduction of damages, usually the responsibility of a nonbreaching party to a contract, is known as ______.
A. mitigation
B. negotiation
C. waiver
D. release
E. novation
Q:
Lisa is a musician. She signs a contract with a local restaurant allowing it to play her song in its advertisement for two years. The restaurant continues to play her song even after the contract expires. In this scenario, if Lisa sues to stop the restaurant from using her music, the court is most likely to order a(n) ______.
A. mitigation
B. injunction
C. waiver
D. release
E. discharge
Q:
Cyra is a musician who is contracted to perform for Vanta Blue, a local pub. Vanta Blue pays her an advance as part of the contract. But Cyra never shows up to perform at Vanta Blue. Vanta Blue sues Cyra for breach of contract and to request an order that Cyra carry out her contractual obligation. Which of the following remedies is most likely to be sought by Vanta Blue in this case?
A. specific performance
B. injunction
C. tender performance
D. condition subsequent
E. substantial performance
Q:
Which of the following statements is true of mitigation?
A. The victim of a contract breach must mitigate damages when possible.
B. Mitigating damages leads to an impossibility of performance in a contract.
C. A condition subsequent must be met for mitigation to occur.
D. Damages can be mitigated only when concurrent conditions exist in a contract.
E. Whenever a contract gets waived, the breaching party must mitigate the damages incurred.
Q:
Salim has entered into a contract with Jenna to buy her land for $50,000. Salim has paid the amount in full. However, Jenna has not transferred the land to Salim. Salim decides to sue Jenna to request a court order to compel Jenna to transfer the land as per the contract. Which of the following remedies is the court most likely to enforce in this case?
A. rescission
B. consequential damages
C. substantial performance
D. liquidated damages
E. specific performance
Q:
Which of the following statements is true of liquidated damages?
A. They are the damages awarded by a court to a plaintiff for a breach of contract that causes no financial injury to the plaintiff.
B. They are the damages awarded by a court arising from unusual losses, which the contracting parties knew would result from a breach of contract.
C. They are the damages awarded by a court to put a plaintiff in the same position as if a contract had been performed.
D. They are the damages specified in a contract when real damages for breach of contract are likely to be uncertain.
E. They are the damages enforced when a party to a contract incurs damages even after getting an injunction.
Q:
Which of the following remedies provided by a court to a nonbreaching party requires each party to a contract to return the consideration given to the other?
A. restitution
B. rescission
C. injunction
D. extradition
E. novation
Q:
Which of the following is a remedy that provides equitable relief in cases that involve an intellectual property dispute?
A. waiver
B. assignment
C. release
D. injunction
E. novation
Q:
Which of the following statements is true of rescission?
A. It results in awarding monetary damages to a nonbreaching party that is intended to punish the breaching party of a contract.
B. It arises from unusual losses that were foreseeable.
C. If a party to a contract intentionally relinquishes a right to enforce the contract, a rescission occurs.
D. If a party to a contract choses rescission as a remedy, that party cannot also make a claim for damages.
E. If a party to a contract announces the other party does not have to perform as promised, a rescission exists.
Q:
A(n) ______ is a court order for a party to refrain from doing something.
A. injunction
B. extradition
C. rescission
D. restitution
E. waiver
Q:
Frank is the fresh produce supplier to Green Valley, an upscale restaurant. He provides the restaurant with imported meat for which he is paid $1,500 per day. One day, Frank fails to deliver the meat due to personal reasons. This causes the restaurant to order from a neighboring city for $2,500. The delay in shipment results in a foreseeable loss of $1,500 in revenue for Green Valley. If Green Valley decides to sue Frank for damages, the court is most likely to award Green Valley with damages in the amount of ______.
A. $1,000
B. $4,000
C. $2,500
D. $8,000
E. $5,500
Q:
______ are court-awarded damages to put a plaintiff in the same position as if a contract had been performed.
A. Nominal damages
B. Consequential damages
C. Liquidated damages
D. Compensatory damages
E. Specific damages
Q:
Rachel contracted with Steven to cater her wedding for $20,000. Steven failed to deliver on the day of the wedding, which forced Rachel to order food from a restaurant that cost her $30,000. What amount in compensatory damages does Steven owe Rachel?
A. $30,000
B. $20,000
C. $10,000
D. $50,000
E. No compensatory damages
Q:
Daniels failure to deliver ice-cream makers and waffle makers on time resulted in a two-week delay in the opening of Sheenas new ice-cream parlor. Sheena incurred a heavy loss since she had to pay the rent for those two weeks as well as salaries to the personnel hired. In this case, which of the following remedies is a court most likely to award Sheena?
A. liquidated damages
B. consequential damages
C. nominal damages
D. specific performance
E. differential damages
Q:
Consequential damages are awarded
A. only when compensatory damages are not awarded.
B. whenever a contract is released.
C. whenever a contract is waived.
D. only if the consequence was foreseeable.
E. only when the cost of getting a substitute performance was higher.
Q:
A similarity between a waiver and a release is that
A. there is a liability for a breach of contract in both cases.
B. both always occur before a contracting party fails to perform.
C. both require the payment of liquidation damages.
D. both always occur after a contracting party fails to perform.
E. nonperformance of contract is forgiven in both cases.
Q:
A ______ exists when a party to a contract announces that the other party does not have to perform as promised.
A. release
B. waiver
C. surrender
D. breach
E. tender