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Exam 6: Tort Law

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Question 21

True/False

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A business cannot use puffery without liability for fraudulent misrepresentation.

A) True
B) False

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Question 22

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When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

A) True
B) False

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Question 23

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Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for

Rita brings a tort action against Santo and proves all of the elements of the claim. Santo's successful defense will

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

A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff.

In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.

In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

Without Research Data Corporation's consent, Sia hacks into the firm's computers and downloads trade secrets and other confidential information. Most likely, Sia is liable for the tort of

Evan is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Evan's paperwork, he is held in jail for a month. The police are most likely liable for

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

An award of grossly excessive punitive damages is normally available in a suit involving gross negligence.

In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.

A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas.

Len, a MedCo Supplies salesperson, follows Nan, a salesperson for Optima Health Products (a MedCo competitor) as she visits locations to make sales. Len solicits each of Nan's customers. Len is most likely liable for

Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes

A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an ad campaign claiming that eProducts, instead of testing software before it is marketed, has customers "test" the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?