Quizzes 12-23

Topics: Corporation, Types of business entity, Limited liability company Pages: 22 (6799 words) Published: April 4, 2013
1. Tortfeasor is the term for a person who commits a tort True
2. Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability False
3. Bona fide competitive behavior can constitute wrongful interference with a contractual relationship False
4. An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care False
5. Hilliard, a clerk at a Games Unlimited store, takes a video player from the store without permission. Hilliard is liable for Conversion
6. Clem, a Delite Dairy salesperson, follows Edna, a salesperson for a Festive Foods, a Delite competitor, as Edna visits stores to make sales. Clem solicits each of edna’s customers. Clem is most likely liable for Wrongful interference with a business relationship

7. Levon leaves his truck at Makeright Vehicle Shop for repair. When Levon refuses to pay for the work, makeRight refuses to give him possession of the truck. Makeright has committed Trespass to personal property

8. A Rhode Island state imposes fines on tire repair business whose pneumatic equipment does not include automatic shut-off switches to protect employees. Bob’s Brakes & Tires, Inc., does not have the switches on its equipment. Center, a Bob’s employee, suffers an injury that a shut-off switch would have prevented. Carter’s best theory for recovery is Negligence per se

9. Under the theory of negligence, a breach of the duty of care requires a careless act False
10. Causation in fact exist if an injury would not have occurred without the defendant’s act True
11. A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements True
12. An individual’s right to privacy includes the exclusive use of his or her likeness True
13. A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event False
14. Great Tans, Inc., uses, in its radio ads, a recording by Holly, who owns the rights, without paying for the use. Over time, the song comes to be associated with great Tans. In Holly’s suit against Great Tans, the firm is most likely liable for Appropriation

15. In many states, the plaintiff’s negligence is a defense that may be raised in a negligence suit True
16. Nesbit publishes in a newspaper an account of the sex life of Merinda, who is not a public figure. The information is true. This is most likely An invasion of privacy
17. Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another False
18. Self-defense is a defense to a charge of assault
19. An artisan’s lien is a defense to a charge of trespass to personal property True
20. A person assumes all risks associated with any activity in which he or she participates False
21. Strict liability is imposed based on fault
22. To avoid strict product liability, a manufacturer must make a product entirely safe for all users False
23. Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale. Liability may be imposed on Green Glass based on A manufacturing defect

24. Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product False
25. Horizon Corporation makes cell phones. Ginvera files a product liability suit against Horizon, alleging a design defect. Under the Restatement (third) of torts: products liability, in deciding whether to hold Horizon liable, the court may consider the reasonableness of An available alternative design

26. Toyoda company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their...
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