Law Test 2 chp. 7
Compensation for injured parties accounts for of the total cost of the tort system. a. about two-thirds b. less than half c. more than half d. about three-fourths e. over eighty percent
b
A is a manufacturer's assurance that a product will meet certain quality and performance standards. a. certificate of quality b. certificate of use c. warranty d. pledge e. none of the other choices are correct
c
A warranty is: a. a legal document absolving a manufacturer of liability b. a consumer's agreement not to misuse a product c. a manufacturer's assurance that a product will meet certain quality and performance standards d. a manufacturer's assurance that a product will be below a certain cost except for special orders e. none of the other choices are correct
c
A(n) warranty is one the manufacturer contractually provides to the consumer. a. implied b. valid c. express d. rapid e. none of the other choices are correct
c
An implied warranty is: a. illegal in many states b. one the manufacturer contractually provides to the consumer c. one the law inserts into the relationship regardless of the actual contract terms d. one the consumer insists on e. none of the other choices are correct
c
Businesses can: a. only be involved in negligence torts b. only be involved in intentional torts c. can be involved in both negligence and intentional torts d. are always the plaintiff in intentional tort cases e. are always the defendant in negligence court cases
c
During the 19th century, parties injured by a defective product, who did not have a contractual relationship with the seller, were under the rule of: a. res ipsa loquitur b. stare decisis c. caveat emptor d. proximate cause e. none of the other choices
c
Liability based on may be imposed on a manufacturer if a causal connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer. a. stare decisis b. intentional tort c. negligence d. neglect e. failure to inform
c
The doctrine holds manufacturers liable to consumers injured by defective products regardless of whether the manufacturer exercised all reasonable care or not. a. hazardous liability b. final liability c. strict liability d. less liability e. res ipsa loquitur
c
The American Law Institute's definition of strict liability has been revised in: a. the Bill of Rights b. the Constitution c. the Second Amendment of the U.S. Constitution d. the Restatement (Third) of Torts e. none of the other choices are correct
c
When false information is intentionally presented as fact there may be a tort of: a. battery b. assault c. intentional misrepresentation d. unintentional misrepresentation e. intentional equivocating
c
When two professors conducted a study of the American and the Japanese tort systems, they found that the: a. two systems bear no comparison b. two systems have major differences c. two systems are not all that different in results d. Japanese tort system is far superior in protecting consumers e. American tort system if far superior in protecting consumers
c
In Mazetti v. Armour, a court in 1913 held that a food producer must provide food safe for human consumption, even if there is no privity of contract. Liability was based on: a. misrepresentation b. caveat emptor c. UCC Section 2-314 d. implied warranty of safety e. express warranty of safety
d
The Restatement (Third) of Torts refers to strict liability in tort as: a. product injury law b. product liability law c. product service law d. product defect law e. none of the other choices are correct
d
The elements needed to establish strict liability in tort do not include which of the following: a. the product was defective b. the defect created an unreasonably dangerous product c. the defect was the proximate cause in producing the injury suffered d. the injury caused damages e. all of the other choices are necessary
e
A manufacturing defect is one which: a. occurred during the manufacturing stage and for which the consumer will be compensated b. occurred during the manufacturing stage and for which the consumer will not be compensated c. occurred after the manufacturing stage and for which the consumer will be compensated d. occurred after the manufacturing stage and for which the consumer will not be compensated e. none of the other choices are correct
a
A(n) warranty is one the law may insert regardless of actual contract terms. a. implied b. valid c. explicit d. rapid e. none of the other choices are correct
a
An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(n): a. express warranty b. implied warranty c. product warranty d. caveat emptor e. none of the other choices
a
As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, may be the basis for strict liability in tort. a. express warranty b. misrepresentation in contracts c. sales fraud d. breach of contract e. civil fraud
a
As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, misrepresentation about product quality in advertising may be the basis for: a. strict liability b. false liability c. privity of contract d. fraud in sales e. none of the other choices are correct
a
As stated by the California high court in Greenman v. Yuba Power Products, where Greenman was injured when a tool his wife bought him malfunctioned, manufacturers should bear the costs of injuries their products cause and thus: a. strict liability should be applied to manufacturers of defective products b. ultimate liability should be applied to manufacturers of defective products c. consumers should bear all the risk of using defective products d. manufacturers should bear some, but not all of the costs, of defective products e. limited liability should be applied to manufacturers of defective products
a
During the 20th century, when consumers were injured as a result of using defective products, courts adopted a new legal standard that could apply to such cases, so that negligence was no longer the only standard: a. a strict liability standard b. a comparative negligence standard c. a caveat emptor standard d. an assumption of risk standard e. a business exemption standard
a
For a contractual relationship, it is essential that: a. privity exists between the parties b. the parties are well acquainted c. the parties both have attorneys d. the parties are both from the same state e. the parties have both suffered some kind of injury
a
Fraud, misrepresentation, fraudulent misrepresentation and deceit are all examples of torts caused by: a. deliberate deception b. accidental deception c. intentional battery d. premeditated harm e. tax evasion
a
If Andy discovers a defect in the product his company manufactures after the product has already been sold and does not disclose it and Kathleen is injured while using the product she can sue him for: a. negligence b. battery c. misrepresentation d. failure of revelation e. none of the other choices are correct
a
If a third party observes a fraud: a. they cannot sue b. they can sue c. they can sue, but not recover any damages d. they can sue on the behalf of the injured party if they split the damage award with the injured party e. they can sue in some states, but not others
a
In Gieseke v. IDCA, Gieseke formed a company to compete with his old employer and worked with one of the former owners of his old employer in the new company. His former employer moved some of the equipment of the new company and changed its mailing address without permission of Gieseke or his partner. When Gieseke sued his former employer the courts held that the former employer: a. was not liable in tort as its actions did not go beyond "normal business activities" b. was not liable as Gieseke was not properly licensedy c. was liable for criminal intent to misappropriate Gieseke's property d. was liable for breach of the "presumption of goodwill" in business relations e. none of the other choices are correct
a
In Greenman v. Yuba Power Products, where Greenman was injured when a tool his wife bought him malfunctioned, the California high court stated the reason why strict liability should be applied to manufactures of defective products. The reason is: a. these manufacturers should bear the costs of injuries their products cause b. consumers should bear the costs of injuries to make them more careful c. consumers should split the costs of injuries with manufacturers; this will best insure the highest amount of care d. state statutes encouraged the adoption of a strict standard e. none of the other choices
a
In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held MacPherson could sue Buick because: a. Buick was a manufacturer of automobiles and responsible for the finished product b. Buick was a wealthy enough company to afford paying damages c. Buick was liable because it advertised that the wheels were safe on every vehicle d. MacPherson's injuries were life-threatening e. none of the other choices are correct
a
In Slater Numismatics v. Driving Force, Driving Force was set up by former employees of a firm Slater worked closely with. Driving Force then move to capture business from a major client of Slater. Slater sued for interference with contractual relations. The appeals court held that Slater a. presented a strong case for intentional interference as Driving Force appeared to make it hard for Slater to perform its contractual duties b. could sue for intentional interference because Driving Force was shown to have "profit motives" for attempting to take away business c. had been defrauded by Driving Force d. could not sue Driving Force because it was a matter of "hard but honest competition" e. none of the other choices are correct
a
In a case of intentional interference with contractual relations the claim is: a. the injured business's contractual relations were wrongfully interfered with by another party b. the injured business's contractual relations were rightfully interfered with by another party c. the injured business's contractual relations were illegal d. the injured business's contractual relations were hindered by international regulations e. none of the other choices are correct
a
In a intentional misrepresentation suit, the facts alleged to have been presented falsely: a. must be material b. need not be material c. must not be material d. must be unrelated e. need not be related to the injury
a
Intentional torts occur when: a. the tortfeasor is found to have intended to invade a protected interest and the tortfeasor knew, or should have known, of the consequences of the act that resulted in an injury b. the tortfeasor is found to have intended to invade a protected interest and the tortfeasor could not have known of the consequences of the act that resulted in an injury c. the tortfeasor is found to have unintentionally invaded a protected interest and the tortfeasor knew, or should have known, of the consequences of the act that resulted in an injury d. the tortfeasor is found to have unintentionally invaded a protected interest and could not have known of the consequences of the act that resulted in an injury e. none of the other choices are correct
a
Meddling with another's business in an unreasonable and improper manner to improve one's own place in the market it an example of the tort of: a. interference with prospective advantage b. interference with competition c. interference with business practices d. interference with intent e. none of the other choices
a
Most tort suits are filed in: a. state courts b. federal courts c. appellate courts d. small claims courts e. municipal courts
a
One well-known business torts is: a. intentional interference with contractual relations b. unintentional interference with contractual relations c. forced interference with contractual relations d. interference with advantaged clients e. interference with intent
a
Privity is: a. a legal relationship b. a written relationship c. an unwritten contract d. an understanding between partners e. none of the other choices are correct
a
Risk-utility balancing refers to the fact that: a. some products cannot be made completely safe b. all products can be made safe if manufacturers are willing to spend enough money c. some products are inherently dangerous and should be banned from the market d. consumers will always manage to hurt themselves by improperly using products e. manufacturers must disclose all risks to using their product before putting it on the market
a
Scienter is: a. the intent to defraud b. the intent to befriend c. the lack of intent to defraud d. the ability to defraud e. none of the other choices are correct
a
The Supreme Court of California in Greenman v. Yuba Power led in adopting a general rule: a. imposing strict liability in tort b. making the consumer prove the manufacturer's negligence c. allowing protection for manufacturers who did not warrant perfection of their products d. of strict liability in case of express warranty of safety e. none of the other choices
a
The basis of the case in a(n) case is the relationship between the manufacturer and the injured party. a. strict liability b. felony c. partial liability d. intentional liability e. warranty expression
a
The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is: a. negligence in tort b. caveat emptor c. proximate cause d. strict liability e. none of the other choices
a
The rule that "The manufacturer of a product is liable in the production and sale of a product for negligence, if the product may reasonably be expected to inflict harm on the user if the product is defective" originated from: a. MacPherson v. Buick Motor b. Paterson v. Buick Motor c. Morriss v. Chevrolet d. MDM Group Associates v. CX Reinsurance Company e. none of the other choices are correct
a
The term privity of contract refers to: a. the relationship that exists between the parties to a contract b. damage awards provided by juries in products liability cases c. the requirement that products liability law have its origin in the common law of contracts d. the risk that a product is of adequate legal quality e. the requirement that products liability litigation must be brought by private citizens
a
The tort of misrepresentation can be based on: a. negligence or intent b. negligence, but not intent c. intent, but not negligence d. neither intent or negligence; it requires fraud e. deceit only
a
There is currently a system made up of a mix of and tort law applying to products. a. contract law b. felony law c. business negotiations d. civil law e. none of the other choices are correct
a
Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was: a. not liable unless there was a contractual relationship between producer and injured party b. liable in tort law to any injured consumer if negligence by the producer could be shown c. liable in tort law to consumers who bought the good under the rule of strict liability d. liable in contract to all consumers who used the product under the rule of res ipsa loquitur e. not liable in tort or in contract law
a
Under the strict liability doctrine, the focus is on the manufacturer. a. problems with the product b. problems with advertising c. problems with the assembly line workers d. problems with the manufacturing process e. none of the other choices are correct
a
Unless a consumer buys a product directly from the producer: a. there is no privity between consumer and producer b. there is privity between consumer and producer c. there cannot be a case of battery d. there cannot be a damage award greater than $100,000 e. none of the other choices are correct
a
When a person suffers an injury due to deliberate deception, there may be a tort of: a. fraud b. assault c. battery d. all of the other specific choices e. none of the other specific choices
a
When considering the risk-utility balance, courts consider: a. the reality of technology, costs and use in practice b. the profit of the manufacturers against the rate of consumer injury c. the safety standards within the manufacturing plant d. the level of consumer education needed to safely use the product e. none of the other choices are correct
a
Which of the following is not usually asserted by business about tort awards: a. they are not costly b. they are often excessive c. they make American businesses less competitive d. the federal government should limit such awards e. all of the other choices
a
Which tort is concerned with a business attempting to improve itself in the market by interfering with another's business in an unreasonable and improper manner: a. interference with prospective advantage b. interference with competition c. interference with business practices d. interference with intent e. none of the other choices
a
An express warranty is: a. illegal in many states b. one the manufacturer contractually provides to the consumer c. one the law inserts into the relationship regardless of the actual contract terms d. one the consumer insists on e. none of the other choices are correct
b
For the doctrine of strict liability to apply: a. a consumer must have purchased the product directly from the manufacturer b. a consumer need not have purchased the product directly from the manufacturer c. a consumer must suffer life threatening injuries d. a manufacturer must not intentionally misrepresent the product e. none of the other choices are correct
b
If the plaintiff in a fraud case was aware that the key information was false, but went ahead with the deal anyway, then: a. the damage award will not be as high b. there is no fraud c. the defendant will not have to pay damages, but will have to pay the plaintiff's attorney fees d. the case will go on to a higher court e. the court's decision cannot be appealed
b
In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on: a. negligence in construction b. misrepresentation in advertisements c. privity in warranty d. fraud in sales e. none of the other choices
b
In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held MacPherson could sue: a. Buick for negligence under contract law b. Buick for negligence under tort law c. Buick for strict liability under contract law d. Buick for strict liability under tort law e. the wheel maker, not Buick, for negligence in product construction
b
Liability based on negligence may be imposed on a manufacturer if: a. a partial connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer b. a causal connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer c. a probable connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer d. none of the other choices are correct
b
Negligence is: a. the cause of an intentional tort b. carelessness in a legal sense c. failure to file tax returns properly d. a business term for an accident e. none of the other choices are correct
b
One element of fraud or intentional misrepresentation is scienter. That means: a. false information about an important fact was passed on b. the defendant knew there was false information being passed on c. the defendant wanted the plaintiff to believe the falsehood d. there was a relationship between the parties that created a legal obligation e. the extent of damages caused
b
Strict liability may be imposed if you, the buyer, receive an oral or written statement about the quality of a good, that statement becomes part of your bargain with the manufacturer, and you suffer an injury because the statement was not accurate. This is known as: a. implied warranty b. express warranty c. caveat emptor d. Magnuson-Moss warranty e.none of the other choices
b
Strict liability under contract law for injuries caused by defective products is based on: a. the existence of a prospectus b. the existence of a warranty c. the existence of negligence d. the existence of an assault e. the existence of an arbitration clause
b
The Restatement (Second) of Torts Sect. 402A describes: a. limited liability b. strict liability in tort c. contractual liability d. express warranty of safety e. all of the other choices
b
The case that led in adopting a general rule imposing strict liability in tort was: a. Morriss v. Akers b. Greenman v. Yuba Power c. MacPherson v. Buick Motor Company d. MDM Group Associates v. CX Reinsurance Company e. Johnson v. Chevrolet
b
The first major application of the doctrine of strict liability for consumer products was in the area of: a. automobiles b. food and drink c. glass windshields d. tires e. cigarettes
b
The is primarily concerned with harms suffered by buyers and other persons who use defective products. a. law of stock protection b. law of product liability c. law of seller liability d. law of commercial liability e. law of malpractice liability
b
The law of product liability is primarily concerned with: a. harms suffered by stockholders when the value of their investment falls b. harms suffered by buyers and other persons who use defective products c. harms suffered by businesses for interference with their relations d. contractual harms suffered by institutional investors e. none of these
b
The rule requiring producers to pay compensation to consumers injured by defective products, even though reasonable care has been exercised, is called: a. caveat emptor b. strict liability c. liability for negligent actions d. res ipsa loquitur e. none of the other choices
b
In Greenman v. Yuba Power Products, Greenman was injured when a tool his wife bought him malfunctioned. The Supreme Court of California imposed liability based on: a. express warranty b. implied warranty c. strict liability in tort d. lack of merchantability e. none of the other choices
c
In Henningsen v. Bloomfield Motors, a New Jersey court allowed a woman to recover damages for injuries she suffered because of brake failure on her husband's car. The theory that the court applied to find strict liability was: a. negligence in tort b. breach of oral contract c. implied warranty of safety d. abuse of police powers e. misuse of the commerce clause
c
In Lightle v. Real Estate Commission, involving a real estate agent in a dispute over a house sale, the Alaska high court held that the claim of fraudulent misrepresentation against Lightle was justified because: a. Lightle wanted to buy the house and so misled other buyers b. Lightle failed to tell the sellers that there were offers on the house c. Lightle made a partial disclosure that failed to reveal facts that "might have affected the recipient's conduct in the transaction in hand." d. Lightle made a full disclosure that revealed facts that "might have affected the recipient's conduct in the transaction in hand." e. none of the other choices are correct
c
In Lightle v. Real Estate Commission, involving a real estate agent in a dispute over a house sale, the agent was sued for: a. defamation b. warranty breach c. fraudulent misrepresentation d. negligent misrepresentation e. none of the other choices
c
In Lightle v. Real Estate Commission, involving a real estate agent in a dispute over a house sale, which of the following was not an element of fraudulent misrepresentation noted by the Alaska high court: a. misrepresentation of facts b. scienter c. intent to cause economic loss by foreseeable persons d. the expectation of reliance by others e. justifiable reliance by others on misinformation
c
In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held that: a. Buick was not responsible to the consumer because it did not make the defective wheel b. the wheel manufacturer was liable for negligence for making a defective wheel c. Buick was liable to the consumer for the finished product d. Buick was not liable; the dealer was liable as the seller of the finished product e. none of the other choices
c
In product liability law, privity refers to: a. the relationship that exists between the plaintiff and the defendant b. the relationship that exists between the plaintiff and his attorney c. the relationship that exists between contracting parties d. the relationship that exists between the judge and jury e. the relationship that exists between construction crews and their contractors
c
The Restatement (Third) of Torts on product liability says that when considering a defective product the courts should use: a. a cost-benefit analysis b. strict liability when any injury is inflicted c. a risk-utility balancing d. the rule of negligence e. none of the other choices
c
The elements of the tort of interference with a prospective advantage (relationship) include: a. fraud b. manipulation of the securities market for personal gain c. predatory behavior d. defamation of a competitor ' e. all of the other choices
c
Under the rule of _____ the producer of a defective product that caused injury to a consumer was not liable unless there was a contractual relationship between producer and injured party. a. res ipsa loquitur b. stare decisis c. caveat emptor d. proximate cause e. none of the other choices
c
Under the strict liability doctrine, the focus is on the problems with the product, rather than: a. problems with the court process b. integrity of the manufacturer c. the reasonableness of the conduct of the manufacturer d. the appropriateness of the conduct of the manufacturer e. none of the other choices are correct
c
Which of the following is not required to be shown in a successful action on the theory of strict liability in tort? a. the product was defective b. the defect created an unreasonably dangerous product c. the producer acted negligently in producing the item d. the defect was the proximate cause of the injury e. all of the other choices must be shown to be successful
c
Business organizations lobby Congress to impose federal statutory limits on tort damages because they claim that: a. many of the awards are excessive b. many of the awards are unjustified c. the costs of the awards are making American business less competitive d. all of the other specific choices are correct
d
Experts estimate the annual cost of the tort system at: a. one to two billion dollars b. ten to twenty billion dollars c. twenty to forty billion dollars d. about a quarter trillion dollars e. no estimates are available
d
In Lightle v. Real Estate Commission, involving a real estate agent in a dispute over a house sale, the Alaska high court held that the claim of fraudulent misrepresentation against Lightle: a. failed because Lightle only recommended the purchase of a particular house b. failed because Lightle obtained no financial gain from the problem that occurred c. failed because the plaintiff is a sophisticated purchaser who could evaluate the situation d. was justified because Lightle knowingly passed false information e. was justified because Lightle used force to make the deal happen
d
In MacPherson v. Buick Motor the court held for MacPherson for injuries caused by defective wheels on his Buick. This case allowed for negligence for product liability: a. with privity b. with exception c. with implied warranty d. without privity e. without exception
d
In MacPherson v. Buick Motor the court held for MacPherson for injuries caused by defective wheels on his Buick. This case allowed for negligence for product liability: a. only when privity existed b. with exception for contract warranty c. with implied warranty d. without exception e. except for commercial sales
d
The Restatement (Third) of Torts on product liability states that the producer of a product may be liable for defect except in which case: a. the producer failed to use a reasonable alternative design that would have produced greater safety b. producer failed to provide reasonable instructions of foreseeable risks c. product contains a defect even if all possible care was used in making the product d. producer advertised features of the product that violated federal safety standards e. all of the other choices are correct
d
The elements of the tort of intentional interference with contractual relations include: a. the existence of a contractual relationship between the injured business and another party b. the wrongdoer's knowledge of the contractual relationship between the injured business and another party c. intentional interference with the contractual relationship d. all of the other specific choices are correct
d
Which of the following is not needed to establish the tort of intentional misrepresentation: a. scienter or intent to defraud. b. intent to induce reliance. c. justifiable reliance by the plaintiff on the misrepresentation. d. use of force by defendant.
d
In Gieseke v. IDCA, Gieseke formed a company to compete with his old employer and worked with one of the former owners of his old employer in the new company. His former employer moved some of the equipment of the new company and changed its mailing address without permission of Gieseke or his partner. When Gieseke sued his former employer the courts held that he had a good cause of action for: a. trespass of business property b. fraud c. interference with prospective contractual relations d. negligent misrepresentation e. none of the other choices
e
In Gieseke v. IDCA, Gieseke formed a company to compete with his old employer and worked with one of the former owners of his old employer in the new company. His former employer moved some of the equipment of the new company and changed its mailing address without permission of Gieseke or his partner. When Gieseke sued his former employer the courts held that he had a good cause of action for: a. was not liable as it had no obligation to write policies b. was not liable as it was prohibited by the state from doing insurance business any longer c. was liable as it prohibited MDM from continuing its relationships with clients d. was liable as it induced MDM to develop business relationships that were suddenly cancelled e. none of the other choices
e
In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which of the following parties? a. seller and manufacturer b. attorney and judge c. manufacturer and distributor d. seller and supplier e. manufacturer and injured party
e
Liability based on negligence: a. means the manufacturer must exercise reasonable care in the production of product b. includes reasonable care in presenting the product to the public to avoid misrepresentation c. means a causal connection between the defendant's lack of care and the plaintiff's harms d. losses are suffered e. all of the other choices
e
Products liability suits are won for what reason(s): a. for being poorly designed b. for failure to warn consumers of hazards in use c. for latent injuries that arise from products d. a defect in manufacturing e. all of the other choices
e
The Restatement (Third) of Torts on product liability states that the producer of a product may be liable for defect except in which case: a. the producer failed to use a reasonable alternative design that would have produced greater safety b. producer failed to provide reasonable instructions of foreseeable risks c. product contains a defect even if all possible care was used in making the product e. all of the other specific choices are correct
e
The key element(s) of the tort of intentional interference with contractual relations is (are): a. a contract between the injured party and another party (not the defendant) b. the defendant knew about a contract between the injured party and another party c. the defendant intentionally interfered with a contract between the injured party and another party d. losses were incurred e. all of the other choices
e
The legal standard articulated in MacPherson v. Buick Motor, regarding negligence in of producers of products dominated product liability law until: a. 1890 b. 1914, when World War I broke out c. 1929, when the Great Depression began d. 1945, when the Restatement of Torts was adopted e. the 1960s, when strict liability was added
e
Under the rule of strict liability in tort, to be successful an injured party must show that the: a. defect in the product was the proximate cause of injury b. product in question was defective c. defect in a product caused it to be unreasonably dangerous d. losses were suffered e. all of the other choices
e
When a person suffers an injury due to deliberate deception, there may be a tort of: a. fraud b. misrepresentation c. fraudulent misrepresentation d. deceit e. all of the other choices may be correct
e
Which of the following is not needed to establish the tort of intentional misrepresentation: a. scienter or intent to defraud b. intent to induce reliance c. justifiable reliance by the plaintiff on the misrepresentation d. relationship between the parties e. all of the other choices are necessary elements to show the tort existed
e