Reference no: EM13854145

1.Terry pushed Laurie. Laurie fell over and hit her head. Under what circumstances can Terry be liable for Laurie's injury?

a. If Terry intended to push Laurie.
b. Terry must have intended that Laurie fall.
c. Terry can only be liable if Terry had a bad motive for pushing Laurie.
d. Terry cannot be held liable.

2. Tom distributed a flyer to all the residents of the condo community in which Tom and Debra live. In the flyer, Tom accused Debra, who also works as a broker in the community's real estate office, of being a thief. Under what circumstances would the statement be defamatory?

a. If a neighbor other than Debra repeats it to another person.
b. Only if Debra suffers emotionally because of the distribution of the flyer.
c. Only if the statement is true.
d. If the statement is false.

3. The Spa, Inc., uses, in its radio advertisements, a 2011 recording by Molly without asking Molly or paying Molly for the use of the recording. Molly owns the rights to the recording. Over a short period of time, the song comes to be associated with The Spa, Inc. Molly sues The Spa, Inc. The Spa, Inc. is most likely liable for

a. appropriation.
b. conversion.
c. defamation.
d. tortious interference with prospective contractual relationship.

4. Softest Ice Cream Dairy, Inc. and Happy Foods, Inc. are both manufacturers of dairy desserts. On January 1, 2013, Jess, a Softest Ice Cream Dairy, Inc. salesperson, followed James, a salesperson for Happy Foods, Inc. as James visited stores to make sales. The next day, Jess went to each of the stores that James visited the day before and sought orders from each of them. Jess received orders from each of the stores. If Jess is found liable for her actions, liability would most like be based on the tort of

a. conversion.
b. trespass to personal property.
c. wrongful interference with a business relationship.
d. trade libel.

5. Larry, a salesperson at Local Computer Store (PC), takes a computer from the store home with him without the store's permission. Larry is liable for conversion

a. only if he damages the computer.
b. only if he does not have a good reason for taking the computer.
c. only if he fails to prevent a theft of the computer from his possession.
d. under any circumstances.

6. Cindy buys a book from Peter without knowledge that Peter had stolen the book from Jeffrey. Cindy has

a. not committed a tort.
b. committed the tort of disparagement of property.
c. committed the tort of conversion.
d. wrongfully interfered with a business relationship.

7. Used Motors falsely accuses Value Cars, one of Used Motor's competitors, of selling stolen cars. This accusation is made in a radio announcement. After the announcement, Value Car's sales decrease. Used Motors has most likely committed which one of the following?

a. libel.
b. conversion.
c. slander of quality.
d. slander of title.

8. The owner (Owner) of SlightDiscount Store (Store) suspects a shopper (Shopper) of shoplifting. Therefore, Owner detains Shopper. Ultimately, Shopper sues Owner alleging false imprisonment. Which of the following would be a basis upon which the court could find that Owner is liable to Shopper?

a. Owner did not prove that Shopper actually was guilty of shoplifting.
b. Owner did not prove that Shopper had shoplifted in the past.
c. Shopper had probable cause to leave the premises.
d. Shopper was detained for an unreasonably long time.

 

9. Tom, a geologist, supervises the construction of a new golf course. After a large sink hole suddenly and forcefully developed on the golf course, Tom was sued by the golf course owners and by those injured on the golf course. In determining whether or not Tom was negligent, Tom will be held to the same standard of care as

a. ordinary persons.
b. other geoligists.
c. the golf course owners.
d. those injured in the collapse of the bridge.

10. Bert, while driving his pickup truck in a careless manner, crashed into a tree. The tree fell over, in turn knocking over a streetlight. The streetlight then fell and it in turn smashed through the windshield of the car parked in the Lacy's driveway. Glass from the windshield of the Lacy's car then went flying. The glass flew over a ten foot fence into the backyard of the Lacy's neighbor. The neighbors were having a picnic, and several of them were seriously injured by the flying glass. But for Bert's driving the car into the tree, the neighbor would not have been injured. With respect to the neighbor's injury, Bert's crashing into the tree is

a. both the proximate cause and the superseding cause.
b. the cause in fact but not necessarily the proximate cause.
c. the proximate cause but not necessarily the cause in fact.
d. the intervening cause but not the cause in fact.

Attachment:- MC HW 10-15.docx