Chapter 6 Flashcards
(15 cards)
A harmful motive is not required to satisfy the intent element of intentional torts.
True
An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable.
True
In a phonecall to Lou, Mia makes statements about Nancy that injures Nancy’s reputation. If Nancy can prove all the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for:
Slander
Brian knows that the pipes in his building leak, but he tells Carmen, a potential buyer, that there are no leaks. On this assurance, Carmen buys the building. On learning the truth, she may sue Brian for:
Fraudulent misrepresentation
Under the merchant exception, a merchant can use undue force to restrain and question a suspected shoplifter.
False
If an owner consents to the taking of his property, a failure to return the property cannot be a tort.
False
Trespass to land is committed if, without the permission of the property owner, a person causes water to backup onto the property.
True
Fred, a clerk at a Games Store, takes a game player and a selection of games from the store without permission. Most likely, Fred is liable for:
Conversion
Tom goes onto Sarah’s property without permission in order to help a young boy that has broken his leg in a bicycle crash. Helping someone in danger can serve as a defense to the tort of trespass to property.
True
Lance takes Kyla’s textbook and hides it so that she cannot find it. In taking the textbook, Lance most likely committed:
Trespass to personal property
DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of:
Foreseeable risks
Causation in fact exists “but for” a wrongful act, an injury would not have occurred.
True
When someone suffers injury because of another’s failure to live up to a required duty of care, negligence occurs.
True
The standard of reasonable care for a professional is the same as that of an ordinary person.
False
Ivy slips and falls on the deck of Jet’s Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the pure comparative negligence doctrine, if Ivy is 20% at fault, she will recover:
400000
