BUL Chap. 12

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue a. Ladd b. Minh c. the rightful owner of the rock d. no one

a. Ladd

Hayley is injured in an incident precipitated by Isolde. Hayley files a tort action against Isolde, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are a. compensatory damages b. reimbursement damages c. actual damages d. punitive damages

a. compensatory damages

Oakes enters Parnell's property to read an electric meter. Parnell asks Oakes to leave. Oakes refuses. Oakes has most likely committed a. trespass to land. b. trespass to personal property. c. slander of title. d. no tort.

a. trespass to land.

Abuse of process applies to any person using a legal process against another in an improper manner. a. true b. false

a. true

Negligence per se may occur if an individual violates a statue or an ordinance providing for a criminal penalty and the violation causes another to be injured. a. true b. false

a. true

Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing. a. true b. false

a. true

When outrageous conduct consists of speech about a public figure, the First Amendment's guarantee of freedom of speech limits emotional distress claims. a. true b. false

a. true

For fraud to occur, seller's talk must be involved. a. true b. false

b. false

Moral pressure constitutes false imprisonment. a. true b. false

b. false

Most states do not allow automobile repair shops to hold a customer's car when the customer refuses to pay for repairs already completed. a. true b. false

b. false

The goal of tort law is to put a defendant in the position that he or she would have been in had the tort occurred to the defendant. a. true b. false

b. false

Under the doctrine of comparative negligence, only the plaintiff's negligence is computed and the liability for damages is distributed accordingly. a. true b. false

b. false

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is injured. Jack's has committed a. a violation of a dram shop act b. negligence per se c. res ipsa loquitur d. a violation of a Good Samaritan statue

b. negligence per se

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, under the "50 percent rule" comparative negligence principles, Oliver would recover a. $0. b. $250,000. c. $400,000. d. $500,000.

c. $400,000.

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for a. trade libel b. conversion c. fraudulent misrepresentation d. appropriation

c. fraudulent misrepresentation

Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dufy on a negligence theory because a. both parties were emotionally rattled. b. Caleb apparently did not intend to cause an accident. c. Duffy must have been comparatively negligent. d. Duffy was not injured.

d. Duffy was not injured.

Bette backs out of City Parking Garage, colliding with Dill's car and thereby causing damage to the vehicle. Dill may recover the cost of repair if Bette failed to act as a. a blameless person b. a faultless person c. a professional person d. a reasonable person

d. a reasonable person

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks a. attributable to the triathlon in any way b. different from the risks normally associated with the triathlon c. greater than the risks normally associated with the triathlon d. normally associated with the triathlon

d. normally associated with the triathlon

Jenny Lee is an appliance salesperson. To make a sale, she asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is a. fraud if the statement is not true b. fraud if Jenny Lee believes that this statement is not true c. fraud if Jenny Lee is stating her opinion, not the facts d. not fraud

d. not fraud

Precision Crafted Tools, Inc., makes tools for consumers and construction professionals. While using a Precision Crafted tool to replace an electrical fixture, Quinn neglects to shut off the power and is electrocuted. Quinn's heirs file a suit against Precision Crafted. In a contributory negligence jurisdiction, the plaintiffs could recover a. only if both parties were equally at fault. b. only if Quinn was less than 50 percent at fault. c. only if Precision Crafted was more than 51 percent at fault. d. nothing.

d. nothing.