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BLAW EXAM 2
| Question | Answer |
|---|---|
| Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she | Represents as a FACT something that she knows is untrue. FRAUD=FACT |
| Mark intentionally pushes Don. Don falls to the ground and breaks his arm. Mark is liable for the injury | If Mark intended to push Don. |
| Jill accuses of Ken of committing an assault. A person commits an assault if he or she creates in another an apprehension of fear of | Immediate harm ASSAULT=HARM |
| Steve, the manager of A-1 Hardware Store, detains Joan, whom Steve suspects of shoplifting. Joan sues Steve, alleging that the detention was false imprisonment. Steve is liable if Joan | was detained for an unreasonably long time. FALSE IMPRISONMENT=UNREASONABLY |
| . Mona falsely accuses Nick of stealing from their employer. The statement is defamatory only if | A third party hears it. FALSELY ACCUSES, DEFAMATORY= ONE OTHER PERSON TO HEAR IT |
| Excel Dry-Cleaning advertises so effectively that Next Day Cleaners' regular customers patronize Excel instead of Next Day. Excel has committed | NOT-appropriation, wrongful interference with a business relationship,wrongful interference with a contractual relationship, NONE OF THE ABOVE. |
| Joy invites Kent into her apartment. Kent commits trespass to land if he | Refuses to leave when Joy asks him to go. (Harms the apartment in any way, not needed for trespass) |
| At a fast food restaurant, Todd believes that he is being overcharged and shoves Vicky, the clerk. Vicky sues Todd, alleging that the shove was a battery. Todd is liable if | the shove was offensive BATTERY=OFFENSIVE |
| Kay files a suit against Larry based on one of Larry's statements that Kay alleges is fraudulent. To give rise to fraud, the statement must be one of | fact |
| Bill, a store clerk at Techno Computers, takes a computer from the store without Techno's permission. Bill is liable for conversion if he | under any circumstances. (Without Techno's permission, Conversion) |
| Martha owns a demolition company that does ultra hazardous work. If a passerby is injured during a demolition by Martha's crew, under the theory of strict liability Martha must pay for the injury | whether or not the crew was at fault ULTRA HAZARDOUS,STRICT LIABILITY -LIABILITY WITHOUT FAULT) |
| statute requires THEME park owners to maintain their equipment in specific condition for the protection of their patrons. Ed, who owns an amusement park, fails to maintain the equipment as required. Fran, a patron, is injured thereby. ed has committed | Negligence per se |
| Dentist Case broken finger | Res ipsa loguitur (thing speak for itself) |
| drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted | Unreasonably NEGLIGENCE= UNREASONABLY |
| Beth is injured in a car accident and sues Carl, alleging negligence. Carl claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery | even if Beth was only slightly at faulT (10%,90%) ( Only if Beth was as equally at fault as Carl- she may get nothing) |
| What will it take to get a valid contract | Agreement,consideration, |
| A bank teller became ill and wanted to go to the doctor, holds her against her will until she gets her final tally this is.. | False imprisonment FALSE IMPRISONMENT=UNREASONABLY |
| A credit officer needed to get a hold of sheehan who owed money on his car, the officer call sheehan's mother saying his children were in a horrible accident this is... | Intentional Infliction of Emotional Distress |
| Suppose Ms. Wilson shouts "think fast" at her husband and hurls a toaster at him, He turns and sees it flying at him what is this? | His fear of being struck is enough to win a case of assault. |
| If Ms. Wilson strikes Mr. Wilson with the toaster what will happen to Ms. Wilson | Ms. Wilson has also committed battery |
| Heather Installs a springloaded rifle in her house, aimed at the front door. Bruno breaks in planning to steal. Bruno, no serving time for this. Is heather liable? | No, many states allow a homeowner to protect their house from a felon. |
| Gore bought a new BMW and realized that it had been repainted he sued b/c he knew there had been damaged and you must report damages over 3% of the cars value | Punitive Damages |
| Carvel ice cream franchised stores. Declines in revenues caused carvel to sell predicts in supermarkets at a lower price in and with coupons making the franchises go out of business. Had Carvel comitted tortious interference with a prospective advantage? | Carvel's conduct was not tortious interference with a prospective advantage. (Tortious Interference with a prospective advantage) |
| Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident, seriously injuring Caroline. Which statement is true? | Caroline could sue Keith, and the state could prosecute Keith for drunk driving. |
| Helen Palsgraf was waiting on a railroad platform. A man carrying a package ran to catch it. He jumped on,almost fell and a guard pushed him from behind. Hes bag fell and exploded bc it was filled with fireworks hitting Palsgraf. She sued. | A defendant can only be liable for negligence if he had a duty to the injured plaintiff. The guard could not forsee injuring. (Negligence) |
| A frateernity had a party, they new there was underage drinking. One frat boy left drove drunk and severely injured another driver. Did the fraternity and the other defendants have a duty of due care to injured driver? | Defendant had a duty of care to avoid furnishing alcohol to underage consumers. (Duty of care) |
| A childcare center on a busy street corner had a 4ft fence enclosed the playground. A man intentionally drove his car onto the playground causeing the children horrific carnage.Did the children center have a duty to the plaintiff to prevent this harm? | the Defendant owed no duty to plaintiff's bc Abrams brutal criminal act was unforeseeable. ( Crime and tort: landowners liability) |
| Dom, easily foresee that bad breaks would cause an automobile accident. He need not to have foreseen exactly what happened. He didnt know there was a cyclist nearby. | What he could foresee was this general type of harm involving defective brakes. BC the accident that occurred was of the type he could foresee, he is liable. (FORESEEABLE TYPE OF HARM) |
| A man walking down the sidewalk when an air conditioning unit falls on his head. The defendant that owns the building denies wrong doing, may be impossible for the plaintiff to prove why it fell. | The court may apply Res ipsa loquitur and declare that the facts imply that the defendant's negligence caused the accident. (RES IPSA LOQUITUR; DENTIST CASE) |
Created by:
lg1343