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Exam 5: Tort Law

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Question 31

Multiple Choice

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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 holistic person. 
D)  ​a reasonable person.

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

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Question 32

Multiple Choice

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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) A) and D)

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Question 33

True/False

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Moral pressure constitutes false imprisonment. 

Manuel is walking past Thomas's house when he hears a smoke alarm going off.He also hears a child calling for help and sees smoke coming from a window.Manuel rushes into Thomas's house,finds the child and brings it outside.If Thomas sues Manuel for trespass to land,Manuel's defense will probably be​ 

Some risks are obvious but,with respect to the duty of care required to establish negligence,a warning is always necessary. 

Abuse of process applies to any person using a legal process against another in an improper manner. 

Ralph,a van driver for Speedy Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to​ 

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

Driving his motorcycle negligently,Jack crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Kaitlyn.But for Jack's negligence,Kaitlyn would not have died.Regarding the death,the crash is​ 

To commit an intentional tort,a person must have an evil or harmful motive. 

Defense of others is a defense to an allegation of assault. 

Level Grade Engineering,Inc.,sometimes uses explosives to prepare land for construction projects.Strict liability is imposed on this activity because​ 

Jackie,an accountant,distributes a handbill to her business clients and potential customers accusing her competitor Ked of being a convicted thief.The statement is defamatory if​ 

Ichiro is injured in a two-car accident and sues Heather,the driver of the other vehicle,alleging negligence.Heather claims that Ichiro was driving more carelessly than she was.Comparative negligence may reduce Ichiro's recovery​ 

Shelby owns Reclamation & Restoration (R&R) ,a demolition company.Demolition of a Quad City brownstone by an R&R crew injures Thelma,a spectator.Under the theory of strict liability,Shelby must pay for Thelma's injury 

Fraud occurs only when there is justifiable reliance on a true statement. 

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​ 

Tort law provides remedies for acts that cause the destruction of or damage to property. 

Under the doctrine of strict liability,liability is imposed only if a person fails to use the utmost care. 

Defense of others is a defense to an allegation of battery.