Legal Environment Exam 2
Bright n' Clean Company makes shampoo and other hair care products. Cub is injured by the use of a Bright n' Clean product and sues the company for product liability based on negligence. To win, Cub must show that
Bright n' Clean failed to use due care in making the product.
Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for
Conversion
Quay, the owner of RV Park, trusts Sara to manage the resort's daily cash flow. One night, without Quay's knowledge or consent, Sara takes and keeps $1,000 from the receipts. This is most likely
Embezzlement
A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.
False
A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.
False
False imprisonment occurs only when a person justifiably restrains another.
False
Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is
False
Larceny involves force or fear, but robbery does not.
False
To be liable on a theory of strict product liability, a defendant must be in a better position than the plaintiff to bear the costs associated with the harm caused by a product.
False
To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory.
False
Bert pushes Connie to the ground, grabbing her phone as she falls. The use of force or fear is required for this act to constitute
Robbery
Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is
a felony
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
a reasonable person
tort
an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability
Chuck signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is
forgery
Bram knows that the pipes in his building leak, but he tells Cass, a potential buyer, that there are no leaks. On this assurance, Cass buys the building. On learning the truth, she may sue Bram for
fraudulent misrepresentation
Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as
other engineers
Assault
the threat of the contact
Foreseeability is the test for proximate cause.
True
When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.
True
Deadly force
used to protect you or another person in fear for your life
reasonable force
used to protect you, your property, etc.
Appropration
using someone else's name for commercial use without consent
slander
verbal defamation
libel
written defamation
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
wrongful interference with a business relationship.
Khan takes a rock from a pile of stones on Lamb's property and throws it intending to hit Minh, but misses and hits Nasir instead. For the tort of battery, Nasir can sue
Khan
A business firm has a duty to exercise reasonable care to protect its business invitees.
True
Crimes are offenses against society as a whole.
True
Ceramic Corporation makes commercial ceramic products, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Duramold Inc., strict product liability may be imposed on Ceramic if the tiles sold to Duramold were
in a defective condition that was the proximate cause of the damage.
In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for
libel
battery
the actual contact
Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed
trespass to personal property