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Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?​

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To recover on the ground of negligence, ...

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


A) ​abuse of process.
B) ​false imprisonment.
C) ​malicious prosecution.
D) ​none of the choices.

E) C) and D)
F) None of the above

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Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he​


A) ​does not have Bella's permission to drive on the property.
B) ​drives onto the property for recreational purposes.
C) ​harms the property in a material way.
D) ​harms the property in any way.

E) A) and B)
F) A) and C)

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In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed​


A) ​defamation.
B) ​no tort.
C) ​slander of quality.
D) ​slander of title.

E) A) and D)
F) B) and C)

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Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as​


A) ​a blameless person.
B) ​a faultless person.
C) ​a careless person.
D) ​a reasonable person.

E) None of the above
F) A) and B)

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Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​


A) ​all risks.
B) ​foreseeable risks.
C) ​obvious risks.
D) ​no risks.

E) A) and C)
F) A) and B)

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OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is​


A) ​appropriation.
B) ​conversion.
C) ​wrongful interference with a contractual relationship.
D) ​none of the choices.

E) A) and D)
F) B) and C)

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Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury​


A) ​if Louann intended to push Moly.
B) only if Louann did not intend to break Moly's wrist.
C) ​only if Louann had a bad motive for pushing Moly.
D) ​only if Louann intended to break Moly's wrist.

E) B) and D)
F) None of the above

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If no harm results from an allegedly negligent act, there is no liability.

A) True
B) False

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Through tort law, society compensates those who inflict injuries on others.

A) True
B) False

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Conversion is limited to theft.

A) True
B) False

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Jon wants to buy Kim's land, but she refuses to sell. Jon begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Kim to sell. This is​


A) ​abuse of process.
B) ​appropriation.
C) ​wrongful interference with a contractual relationship.
D) ​not a tort.

E) A) and B)
F) B) and D)

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The purpose of tort law is to provide remedies for the violation of various protected interests.

A) True
B) False

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True

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed​


A) ​appropriation.
B) ​conversion.
C) ​disparagement of property.
D) ​trespass to personal property.

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

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Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is​


A) ​fraud even if the statement is the truth.
B) ​fraud if Quint believes that the statement is not true.
C) ​fraud if Quint is stating his opinion, not the facts.
D) ​not fraud.

E) None of the above
F) C) and D)

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A tortfeasor is one who wrongfully alleges that a tort has been committed.

A) True
B) False

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Specifically targeting the customers of a competitor is always a legitimate business practice.

A) True
B) False

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Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion​


A) ​if he damages the bicycle.
B) ​if he does not have a good reason for taking the bicycle.
C) ​if he fails to prevent a theft of the bicycle from his possession.
D) ​under any circumstances.

E) A) and B)
F) C) and D)

Correct Answer

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For fraud to occur, seller's talk must be involved.

A) True
B) False

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False

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

A) True
B) False

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True

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