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Exam 4: Tort Law

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Question 21

Multiple Choice

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

A) all those who were injured.
B) only those who were uninsured.
C) only those whose injuries could have been reasonably foreseen.
D) only those whose vehicles were closest to Ralph's van.

E) A) and B)
F) B) and C)

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Question 22

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Under the theory of negligence, the duty of care requires an intentional act.

A) True
B) False

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Question 23

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Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

Only persons who are explicitly invited onto a business's premises are considered business invitees

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

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.

Elise, an emergency medical technician renders aid to a participantin Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under

To commit an intentional tort, a person must have an evil or harmful motive.

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

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 defense will probably be

Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

Defense of others is a defense to an allegation of battery.

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col-lapses onto a crane, which falls on Fazio, a by-stander, and injures him. What must Fazio show to recover dam-ages from Express Delivery?

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the "50 percent rule," Oliver would recover

For fraud to occur, seller's talk must be involved.

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

Disparagement of property is a general term for the specific tort of appropriation.

Fraud occurs only when there is justifiable reliance on a true statement.

Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane's lipstick. Jane does not ask the model's permission. The model can sue Jane for

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is