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