Reference no: EM13810430

Question 1: Fred files a suit against Gail for conversion of property that Fred asserts he owns. Gail will not be liable if she can show that

• Fred does not intend to use the property.
• Fred has no interest in the property.
• Gail has no interest in the property.
• Gail intended to return the property.

Question 2: Ann is shopping in Beth's Food Store when a bottle of Carbonated Cola explodes, injuring Ann. She files a suit against the bottler, from whom she can recover only if she can show that she

• did not assume the risk of the exploding bottle.
• intended to buy the exploding bottle.
• used due care in shopping in the store.
• was injured due to a defect in the product.

Question 3: Beth is injured in a car accident and sues Curt, alleging negligence. Curt claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery

• even if Beth was only slightly at fault.
• only if Beth was as equally at fault as Curt.
• only if Beth was less at fault than Curt.
• only if Beth was more at fault than Curt.

Question 4: Direct 2U, Inc., floods the e-mail boxes of the employees of Eagle Corporation with unsolicited ads to the extent that the employees cannot e-mail each other. Direct may have committed

• appropriation.
• disparagement of property.
• trespass to personal property.
• wrongful interference with a business relationship.

Question 5: Ann believes that Burt is about to hit her. To prevent harmful contact in this situation, Ann may use

• any force.
• any force, except force that is likely to cause death.
• force that is reasonably necessary.
• no force.

Question 6: Lana accuses Megan of fraud. Normally, the reliance that gives rise to fraud is based on a statement of

• delusion.
• fact.
• law.
• opinion.

Question 7: Betty owns a large ranch in Colorado. Dan drives his sport utility vehicle off a highway and onto Betty's land. Dan commits trespass only if he

• does not have Betty's permission to drive on the property.
• drives onto the property for recreational purposes.
• harms the property in a material way.
• harms the property in any way.

Question 8: An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Amusement Park fails to maintain its equipment as required. Kathy, a patron, is injured thereby. Jack's has committed

• a dram shop act.
• a Good Samaritan act.
• negligence per se.
• res ipsa loquitur.

Question 9: Alan writes Beth a private letter falsely accusing her of stealing office supplies from their employer, Consolidated Industries, Inc. This is

• defamation.
• libel.
• slander.
• none of the above.

Question 10: Will enters the Xtreme Decathlon, an athletic competition. Regarding the risk of injury, Will assumes

• all of the risks associated with the event.
• only the risks different from those normally associated with the event.
• only the risks greater than those normally associated with the event.
• only the risks normally associated with the event.

Question 11: Bill enters onto Cindy's property to help Donna, who is in danger. Cindy charges Bill with trespass to land. Bill has

• a complete defense.
• a partial defense.
• a possible defense.
• no defense.

Question 12: Joy invites Kent into her apartment. Kent commits trespass to land if he

• enters the apartment with fraudulent intent.
• harms the apartment in any way.
• makes disparaging remarks about Joy to others.
• refuses to leave when Joy asks him to go.

Question 13: AAA Appliances, Inc., makes portable heaters. To satisfy its liability for injuries to consumers harmed by defective AAA heaters, AAA can pass the costs on to

• consumers in the form of higher prices.
• other manufacturers of heaters on a theory of market share liability.
• suppliers in the form of "reverse kickbacks."
• the government in the form of direct payments.

Question 14: Barb, a shoe salesperson, follows Ken, another shoe salesperson, as he makes his rounds. Barb solicits the business of every customer approached by Ken. Barb would probably be liable for wrongful interference with

• a business relationship.
• a contractual relationship.
• a customer relationship.
• none of the above.

Question 15: Rod, a van driver for Standard Delivery Company, causes a multi-vehicle accident on a city street. Rod and Standard are liable to

• all those who were injured.
• only those who were uninsured.
• only those whose injuries could have been reasonably foreseen.
• only those whose vehicles were closest to Rod's van.

Question 16: Britney uses dynamite in her remote silver mine. Carol stores household cleaners in her suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is

• Britney and Carol.
• Britney only.
• Carol only.
• neither Britney nor Carol.

Question 17: Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for

• appropriation.
• conversion.
• disparagement of property.
• wrongful interference with a business relationship.

Question 18: Jill accuses of Ken of committing an assault. A person commits an assault if he or she creates in another an apprehension or fear of

• future harm.
• immediate harm.
• past harm.
• past, present, or future harm.

Question 19: City Times, a newspaper, knowingly publishes an article falsely stating that the inventory of Walco, a discount store, consists of stolen goods. City Times is liable for

• defamatory mischief.
• malicious mischief.
• slander of quality.
• slander of title.

Question 20: Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she

• discloses the truth.
• represents as a fact something that she knows is untrue.
• states an opinion concerning something that she knows nothing about.
• uses puffery.

Question 21: As a joke, Adam takes Beth's business law book and hides it so that Beth cannot find it during the week before the exam. Adam may have committed

• appropriation.
• conversion.
• intentional infliction of emotional distress.
• trespass to personal property.

Question 22: Leo hears Mona falsely accuse Nick of stealing from their employer. This statement is defamatory

• because a third party heard it.
• only if Nick suffers emotional distress.
• only if the statement is also published in the media.
• only if the statement was made in an annoying manner.

Question 23: Mary is accused of slander. Slander includes

• neither oral nor written defamatory statements.
• oral and written defamatory statements.
• oral defamatory statements only.
• written defamatory statements only.

Question 24: April posts a defamatory note about Brad in an online newsgroup maintained by Comp Online, Inc., an Internet service provider. Most likely to be held liable for the remark is

• April and Comp USA.
• April only.
• Comp USA only.
• neither April nor Comp USA.

Question 25: Ace Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because

• Ace is a corporation.
• the activity is inherently negligent.
• the activity is of a dangerous nature.
• the government pays for highway construction.