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Exam 5: Tort Law

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Question 21

Multiple Choice

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Ivy slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ivy is more than 50 percent at fault, she will recover

A) nothing.
B) half of the expenses.
C) the amount of the expenses attributable to Jet's fault.
D) the entire amount of the expenses.

E) All of the above
F) B) and D)

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Question 22

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Publication of false information about another's property is not a tort.

A) True
B) False

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Question 23

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After a dinner at Rosario's Diner, Sharon believes that she was overcharged and shoves Tom, the waiter, who is injured when he falls. Tom sues Sharon, alleging that the shove was a battery. Sharon is liable if

Without Research Data Corporation's consent, Sia hacks into the firm's computers and downloads trade secrets and other confidential information. Most likely, Sia is liable for the tort of

Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

Evan is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Evan's paperwork, he is held in jail for a month. The police are most likely liable for

A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff.

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

Taking personal property from its owner, without permission or just cause, is trespass-retaining it is conversion.

A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory.

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

DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of

Pete, a broker, advises Ollie to invest in Rocky Road Inc. When the share price of Rocky's stock decreases, Ollie accuses Pete of fraud, claiming reliance on Pete's advice. The reliance that gives rise to liability for fraud requires

If an owner consents to the taking of his or her property, a failure to return cannot be a tort.

A tort law is a civil wrong, including those that arise from a breach of contract.

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to

Foreseeability is the test for proximate cause.

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