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A truck with defective brakes runs off the street and crashes into Lima's home, damaging the property and injuring her. In a successful tort action against the truck's owner for gross negligence, Lima may be awarded punitive damages to


A) compensate for her total losses.
B) put her into the same position she would have been in if the tort had not occurred.
C) punish the defendant and deter others from similar wrongdoing.
D) all of the choices.

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

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In a tort action, a business firm can recover general damages equivalent to the actual value of damage sustained.

A) True
B) False

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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) a blameless person.
B) a faultless person.
C) an objective person.
D) a reasonable person.

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

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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


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

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

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In most states, a plaintiff can obtain an unlimited amount of noneconomic general damages in a tort action.

A) True
B) False

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In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

A) True
B) False

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Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes


A) only those risks that she expressly agrees to assume.
B) no risk in this situation.
C) any risk-contemplated or not-associated with the race.
D) the risk of being injured in a crash.

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

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


A) all possible dangers.
B) hidden dangers.
C) dangers about which the business does not, or should not, know.
D) no dangers.

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

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Trespass to land is committed if, without the permission of the property owner, a person


A) enters the property to assist someone in danger.
B) causes water to back up onto the property.
C) has a revocable license to come onto the property.
D) all of the choices.

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

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

A) True
B) False

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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) assault.
B) false imprisonment.
C) intentional infliction of emotional distress.
D) defamation.

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

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B

Good Samaritan statutes were passed largely to protect, in emergency situations,


A) those in need, such as individuals hurt in accidents.
B) landlords and other property owners.
C) physicians and medical personnel.
D) business invitees.

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

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C

For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports


A) compensation.
B) fines, imprisonment, and possibly death imposed on the wrongdoer.
C) interference with the wrongdoer in a way not permitted by law.
D) all of the choices.

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

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A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.

A) True
B) False

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Faro picks up an empty gas can on Gas Station's property and throws it at Heylie, but misses and hits Izzy instead. For the tort of battery, Izzy can sue


A) Gas Station.
B) Heylie.
C) Faro.
D) no one.

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

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A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

A) True
B) False

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False

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

A) True
B) False

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An employer can use his or her power and control to engage in an intentional pattern of outrageous abuse against an employee without potential tort liability.

A) True
B) False

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After a dinner at Rosa's Restaurant, So believes that he was overcharged and shoves Tell, the waiter, who is injured when he falls. Tell sues So, alleging that the shove was a battery. So is liable if


A) Rosario's did not actually overcharge him.
B) the shove was offensive.
C) he acted out of anger.
D) Rosa's prices are too high.

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

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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


A) a threat of physical force.
B) a misrepresentation of fact knowing that it is false.
C) puffery.
D) a statement communicated to at least one person other than the plaintiff.

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

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