CHAPTER SEVEN
True-False
Any element of falsity renders the statement false.
1. Truth is an absolute defense against a defamation lawsuit.
2. Appropriation of another’s name or likeness is a form of the tort of fraud.
3. Generally, a statute of limitation is tolled while a defendant is out of the jurisdiction.
4. The awarding of nominal damages recognizes a technical injury when there is no actual loss by the
plaintiff.
5. Punitive damages are akin to fines imposed on convicted criminals and among the purposes of
punitive damages are punishment and deterrence of civil wrongs.
6. When athletes wear defective protective gear and are injured while using the equipment they may
bring a suit for consortium against the manufacture and seller of the gear.
7. A statute of repose is a special type of statute of limitations.
8. A defendant who engages in some activity intending to scare, but not harm, another person has
committed negligence if the activity goes awry and the victim is injured as well as scared.
9. No defendant can be held liable in tort for injuries inflicted upon another person unless the victim
can prove by a preponderance of the evidence either intent to injure or negligence.
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10. Drivers on highways are often careless, and even reckless, yet they are not held liable for damages
if no one is actually injured. They may, however, be found guilty of traffic law violations if
observed, cited and convicted.
11. O’Neal calls Bryant dishonest and incompetent when no one else is around. Bryant is neither but no
one hears the statement but Bryant and O’Neal. This is an example of slander per se.
12. When tort cases are begun in court, the media often publicizes the amount of damages the plaintiff
(victim) seeks from the defendant (wrongdoer). This dollar amount is often designed by the
plaintiff’s lawyer to attract media attention rather reflecting the reasonable value of the client’s
case.
13. To be actionable in defamation, statements must damage an individual’s reputation; No defamation
action exists for defamation of a product or business.
14. A business invitee is legally entitled to higher duty of protection by the possessor of premises
(usually the owner) than is a social licensee.
15. All doctors are held to the same standard of professional care, wherever they locate their practice.
16. Even deliberate trespassers and burglars have some legal rights while trespassing on another’s
property.
17. Statutes of limitation limit the time during which a victim may bring legal action for damages for
tortious conduct.
18. Deliberately tailgating a car very closely could justify a lawsuit for assault even if no accident
occurs.
19. In football and hockey games, there may be a penalty for unnecessary roughness, but there cannot
be civil liability because all participants have voluntarily assumed the risk of any injury.
Test Bank 3
20. Because of their commendable motivation, volunteers who render emergency medical assistance to
injured persons are often protected by statute from lawsuits by such injured persons for negligence
in the attempted assistance.
21. Intentional torts lawsuits (e.g., assault and battery) are less common than negligence lawsuits, but
they are more likely to subject the tortfeasor to punitive as well as to compensatory damages.
22. The law imposes a general duty on all persons to refrain from wrongfully injuring another person’s
good reputation through false and harmful, unprivileged statements made to others.
23. The owner or possessor of land or buildings owes a higher duty of care to business invitees than for
licensees (who include U.S. Postal Service employees, utility company meter readers, fire fighters,
and police).
24. Thanks to many decades of litigation involving negligence, the standards of reasonable care that
every person owes to all others is now defined with great clarity and precision.
25. In recent years there have been reports of restaurant employees spitting into food they serve to get
even with customers they do not like. Such an action would constitute the tort of negligence.
26. The reasonable detention of a suspected shoplifter is often a privileged activity because of
shopkeeper’s statutes.
27. In the so-called McLibel case in England, McDonalds were unable to successfully prove libel or
slander.
28. Appropriation of another’s name of likeness without their permission is a form of invasion of
privacy.
4 Chapter Seven
29. In the case of Reider v Louisiana a baseball player brought a successful assault and battery lawsuit
against a fan they threw beer from the stands and hit the center fielder, K. T. Reider.
30. In 2003 the French Parliament limited lawsuits by parents in France based on a doctor’s failure to
detect a disability in a fetus.
Fill-ins
Complete each sentence or statement.
1. __________________ end the unlimited time formerly available to sue businesses under the theory
of __________________ liability.
2. Pain and suffering from injuries caused by a negligent driver in an automobile accident are
examples of __________________ damages that compensate for other than out-of-pocket losses.
3. Money expended by the plaintiff for medical treatment and other actual out-of-pocket losses are
called __________________ damages because they can be specified or itemized precisely.
4. Most injuries, and hence torts, arise from the role of individuals as __________________,
__________________, and __________________.
5. A downhill snowboarder who hits a tree, receiving serious head injuries probably cannot
successfully sue the ski resort because of the doctrine of __________________.
6. During a four-hour heart bypass operation, a surgical instrument was inadvertently left in the chest
of the patient. A second operation, lasting less than one hour, was later performed without charge.
The negligence in the first operation could be established in court by the presumption known as
__________________.
Test Bank 5
7. Someone who enters another person’s land or building with the implied or expressed permission or
consent of the owner or possessor, for the benefit or convenience of the visitor, is a(n)
__________________. If the person enters to conduct any commercial activity, the visitor is a(n)
__________________. The landowner must be more protective of the latter than the former.
8. Painting graffiti on private property — whether a building or an automobile — is a variety of the
tort of __________________ for which punitive damages may be awarded.
9. __________________ is the unauthorized taking of the personal property of another accompanied
by the wrongful exercise of rights of ownership.
10. Secretly placing a drug in a person’s beverage for the purpose of obtaining consent for sexual
favors is a variety of the tort of __________________.
11. Every person (other than infants of tender years, i.e., those who have not reached the age of reason,
which at common law is under seven years) has a(n) __________________ (i.e., a mandatory
obligation) imposed by __________________ to behave with due care as a(n)
__________________, prudent (i.e., cautious and careful) person would behave under the same or
similar __________________.
12. If a police officer, applying a racial profile, stopped a car driven by a person of dark complexion for
a “check” of registration and equipment, the victim possibly could obtain damages for the tort of
__________________.
13. Many states have passed __________________ statutes providing merchants with a right and
immunity from certain torts when they detain suspected petty thieves.
14. Stacy told several people at a coffee shop that Pat, a real estate sales agent, was a thief and unfit for
her profession. Pat sued for __________________, claiming damages even though she could
identify none. Stacy’s defense would be __________________.
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15. The question of whether or not parents should be held responsible for damages for negligence in
parenting their children who commit crimes and torts raises the negligence issue of causation called
__________________.
16. Recent lawsuits against cigarette manufactures have been based on the general theory of
__________________.
17. Kinsey is being sued for negligence and her defense is that any damages owed should be reduced
because of the plaintiff’s __________________.
18. A(n) __________________ is way a group of similarly situated injured individuals can obtain
redress in a single lawsuit rather than filing hundreds of separate lawsuits.
19. The confinement or restraint of another person’s activities without justification such as locking a
person in a room with privilege to do so is the tort of __________________.
20. The foreseeability test in negligence is important for the determination of __________________.
21. __________________ is the failure to act as a reasonable, careful person would act under the same
or similar circumstances, thereby causing a foreseeable injury.
22. A partial immunity which protects one who makes a defamatory statement in the performance of a
legal, moral or social duty, to a person who has a corresponding duty or interest in receiving it is
protected from a defamation charge by the defense of __________________..
23. In the textbook case of, Randi W. V. Muroc Joint Unified School District the court opinion was
concerned about the ____________________ of letters of recommendation
Test Bank 7
24. A person who lacks sufficient resources to pay his or her legal obligations from a lost lawsuit is
said to be __________________.
25. Suppose an amusement park has carelessly forgotten to properly adjust a seat strap before starting a
first ride of the day. If the seat strap fails and a patron is injured, that facility or owner will probably
be found__________________. If the facility instead uses a worn-out strap, knowing the
equipment could fail at any time, that facility or owner will likely be found to have committed acts
of _____________if the equipment breaks and injures the rider.
Multiple Choice
Select the one best answer.
1. Which of the following is a correct statement?
a. Every crime is also a tort.
b. Every tort is also a crime.
c. Most crimes are also torts.
d. Most torts are also crimes.
2. A person who is sued for damages because of alleged negligence may successfully defend
herself/himself by proving
a. the plaintiff voluntarily assumed the risk.
b. there was no proof of actual causation.
c. the injury was not foreseeable by a reasonable person under the circumstances of the case.
d. any or all of the above
3. In a typical negligence lawsuit arising out of an automobile accident, a plaintiff who has suffered
injuries will be awarded
a. special and general damages.
b. liquidated damages.
c. punitive or exemplary damages.
d. nominal damages.
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4. Threatening to immediately touch another person without justification, excuse or permission, in a
way the other perceives as harmful or offensive, is the tort of
a. breach of good conduct.
b. battery, if the other person is visibly disturbed and literally shaking.
c. assault.
d. intentional infliction of mental disturbance.
5. Which of the following publicized statements about the plaintiff, if false, would not be sufficient to
render the speaker liable for slander per se?
a. That the plaintiff is a tax cheat.
b. That the plaintiff has a sexually transmitted disease (STD).
c. That the plaintiff is a sexual predator.
d. That the plaintiff is a liar.
6. Which of the following bases for recovery of damages is based on strict or absolute liability?
a. negligence
b. intentional tort
c. slander per se
d. workers’ compensation
7. Victims of negligence may be able to recover each of the following kinds of damages, if
appropriate, except
a. punitive damages.
b. compensatory damages.
c. special damages.
d. damages for loss of consortium.
8. Which of the following statements is least likely to be accurate?
a. The intent of punitive damages is to punish the wrongdoer, not reward the victim.
b. Punitive damages in most states are paid entirely to the victim.
c. Punitive damages in most states are paid partly to the victim and partly to the public treasury.
d. The wealth of the defendant is relevant to the award of punitive damages.
Test Bank 9
9. Sako is proud of his meticulously groomed lawn and flower garden. He is allergic to dogs. Every
morning and evening Wyatt, a neighbor, takes Spot, her pet poodle, for a walk around the block.
Invariably the dog relieves itself on Sako’s property. Sako has repeatedly asked Wyatt to restrain
her pet, but she laughs at him and says “Cool it! Dogs have to answer nature’s call. It’s good for
them and it’s good for your soil.” Finally, one day Sako charges out of his house, brandishing a
hand gun. “This will stop it!” he shouts. Wyatt is frightened. Sako comes closer and fires a stream
of ammoniated water into Spot’s face with his water pistol. The dog yelps and runs off. Wyatt sues.
Sako is
a. innocent of any wrong. The gun was a toy pistol and he was fully justified in his action.
b. guilty of assault and battery against Spot.
c. guilty of assault against Wyatt because he put her in reasonable fear of an immediate harmful or
offensive touching.
d. guilty of negligence.
10. Which of the following statements made by a real estate agent to a prospective buyer of a house
offered for sale is an example of legal “puffing” rather than fraud?
a. “This is a solid little house, built in 1995.” (The house was built in 1985.)
b. “Believe me, friend. This is your dream home! It’s perfect for your family, and the price is right
for you!” (The buyer can’t afford the house.)
c. “The shake roof is wooden but it’s fireproof.” (The roof was treated with a fire retardant,
warranted for three years, but installed ten years ago.)
d. “Look outside. There’s practically no traffic on this street. It is quiet and safe for your kids.”
(The street becomes a veritable thoroughfare from 7 to 9 AM and 4 to 6 PM every work day.)
11. Short of cash, Artemus went to Gus Grabb’s Triple Globe Pawn Shop and pawned his most
precious possession, an electric guitar. It had cost $950 new and after a year, it was still in perfect
condition. The broker gave him a $200 loan for a maximum of 90 days with interest at 30% a year,
and took the guitar as security. After 30 days, Artemus returned with $200 plus interest and asked
for his guitar. Grabb no longer had it. He had received and accepted “an offer he could not refuse”
of $750 cash from a good-faith buyer, who strummed a tune on the instrument and left, a happy
man. Grabb is guilty of
a. conversion.
b. negligence.
c. intentional infliction of mental distress.
d. no wrong if he offers Artemus $550 and says “Sorry. I didn’t think you’d return. You can
forget your debt. You wiped out my profit on our deal, and I won’t even charge you interest.”
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12. The law gives which of the following person(s) an absolute privilege to say anything (including
false defamatory statements) about other persons without liability for damages?
a. any close personal friend who advises another about the character of a prospective suitor
b. any state or federal legislator who makes the statement during legislative proceedings
c. any doctor in discussing patients with other doctors
d. any lawyer in discussing clients with other lawyers
13. Which of the following categories of privacy invasion of an ordinary citizen would not justify an
award of damages?
a. unreasonable publicity about one’s private life
b. appropriation of another person’s name for use in advertisements without permission
c. taking photographs with a zoom lens of a nude sunbather in his or her backyard
d. snapping a person’s picture while sitting at a coffee shop
14. The law does not, and practically cannot, prevent other persons from making false statements, to
other people, that defame you. In light of this fact,
a. the First Amendment reference to freedom of speech is ineffectual — a toothless tiger.
b. the law permits you to retaliate with similar false statements about the defamer without
incurring liability.
c. the law provides legal remedies for you, but only if the false statements are made in writing,
which are more durable than oral statements.
d. the law permits you to sue “after the fact” and collect damages from the defamer.
15. Which of the following activities (all of which cause serious injuries) is not an example for
application of the doctrine of strict liability?
a. A welder, injured on the job in an automobile assembly plant, qualifies for payments under
workers’ compensation.
b. An elephant, used for many years to help raise a big circus tent, for an unknown reason goes
berserk and seriously injures several onlookers among a large group of local residents watching
the activity.
c. A heavy duty truck runs a red light and plows into an automobile in a downtown intersection,
killing all of the occupants.
d. An undetected defect in the steering mechanism of a heavy-duty truck causes it to crash, killing
its driver.
Test Bank 11
16. The tort of intentional infliction of emotional distress is exemplified by
a. a practical joker who phones the parents of a college football player at their house in a distant
state and says: “I’ve got good news and bad news about Mike. He’s just been named the best
player in the conference.” (TRUE) “But he was seriously injured in the final game, and…he
died a few minutes ago on the operating table.” (FALSE) Then, after a pause, “Just kidding
folks! He’s a hero and he’s okay. He is flying home now.” (TRUE)
b. an obscene joke made in a public speech by an inebriated toastmaster that offended one half of
the audience and shocked another quarter and delighted the remainder.
c. the collision of a heavy truck because the driver fell asleep at the wheel and the driver had lied
at semi-annual physical about his physical condition related to sleep issues. The collision is
with a motorcycle, and it causes permanent paralysis of the cyclist’s lower body.
d. “flipping off” a driver for following too close on the freeway after a near collusion and the
driver also was in the commuter lane with no passengers during commute time.
17. A postal worker slipped and fell on a garden hose that had been left across the entrance sidewalk of
Ellen’s home. Later that same day, Susan, who was coming by to attend a lingerie party at Ellen’s
home, slipped and fell on the same hose. Ellen was aware of the postman’s injuries, but made no
attempt to remove the hose. As to Susan’s injuries
a. Ellen is innocent of any wrong as Susan was a trespasser.
b. Ellen is guilty of assault and battery against Susan.
c. Ellen is probably liable for negligence because Susan was a business invitee to whom was
owed a duty to correct dangerous conditions.
d. Ellen is liable under the post office rule.
18. A public official who claims to be the victim of a harmful statement injuring the official’s
reputation.
a. must establish the existence of malice to recover damages for defamation.
b. is legally banned from recovering for slander but can recover for libel for injuries to their
political future.
c. can only seek a retraction rather than any recovery of damages.
d. is legally banned from recovering for any defamation action.
19. Punitive damages are
a. generally not available in tort cases.
b. only available in negligence actions.
c. available damages for the tort of intentional infliction of mental distress.
d. no longer available without specific legislative approval.
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20. Fault is not a factor in the tort of
a. false imprisonment.
b. battery.
c. negligence.
d. strict liability.
21. Compensatory damages
a. are based on statutory standards of expected losses.
b. are designed to be a civil punishment.
c. attempt to compensate the plaintiff for his or her loss.
d. are only available for intentional torts.
22. A retail store
a. is expected to protect customers from unexpected and unknown dangers.
b. owes trespassers absolutely no duty.
c. is expected to protect customers against known dangers.
d. all of the above
23. A person who detains someone for shoplifting
a. may be liable for false imprisonment if she/he holds a suspected shoplifter for an unreasonably
long period of time.
b. is always liable for detaining a suspected shoplifter who turns out to be innocent.
c. cannot be held liable for false imprisonment if the suspect had shoplifted store merchandise in the
past.
d. is legally required to be a licensed security guard.
24. Solomon filed a complaint stating, “I went over to my neighbor Garcia’s house and he refused to let
me borrow his lawn mower. A possible buyer of my house came over that evening and, when she
saw my unkept lawn decided not to buy the house. I demand $2,000 from Garcia because he would
not let me use his lawn mower and cost me a sure sale.” Solomon
a. has stated a cause of action for fraud.
b. has stated a cause of action for negligence.
c. has stated a cause of action conversion.
d. has no tort claim.
Test Bank 13
25. Solomon filed a complaint stating: “I was driving my 2000 Lexus carefully and under the speed
limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his
2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages
to the Lexus. I demand $15,000 from Garcia to pay for the damages to my Lexus and $10,000 for
medical bills and lost wages.” Solomon
a. has stated a cause of action for fraud.
b. has stated a cause of action for negligence.
c. has stated a cause of action conversion.
d. has no tort claim.
26. Solomon filed a complaint stating: “I was driving my 2000 Lexus carefully and under the speed
limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his
2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus, causing
damages to the Lexus. I demand $12,000 from McKinsey to pay for the damages to my Lexus and
$10,000 for medical bills and lost wages.” Solomon has made a claim for
a. nominal damages.
b. compensatory damages.
c. punitive damages.
d. penal damages.
27. Solomon filed a complaint stating: “I was driving my 2000 Lexus carefully and under the speed
limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his
2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages
to the Lexus. I demand $12,000 from Garcia to pay for the damages to my Lexus and $10,000 for
medical bills and lost wages.” Garcia answered, denying Solomon’s claims. Garcia’s answer claims
a. the defense of assumption of the risk.
b. the defense of comparative negligence.
c. the defense of contributory negligence.
d. he is not liable.
28. Solomon filed a complaint stating: “I was driving my 2000 Lexus carefully and under the speed
limit on Sunrise when I came to the intersection of Sunrise and Madison. Garcia was driving his
2002 Ford Pickup on Madison when he ran a red light and collided with my Lexus causing damages
to the Lexus. I demand $12,000 from Garcia to pay for the damages to my Lexus and $10,000 for
medical bills and lost wages.” Garcia answered, denying Solomon’s claims. Garcia responds by
admitting he ran the red light but asserting that Solomon was speeding. Garcia has raised
a. the defense of assumption of the risk.
b. the defense of comparative negligence.
c. the defense of res ipsa loquitur.
d. a motion to dismiss.
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29. The US Supreme court has considered punitive damages in some important cases in recent years.
The best characterization of its rulings from the below is: The court has:
a. upheld the right of juries to award punitive damages but has limited the amount and basis of
such damages based on the due process clause.
b. expanded the basis upon which such awards may be based to include negligence as well as
gross negligence and intentional torts.
c. deferred to the determination of what is appropriate to the state courts based on local customs
and social standards and state rights.
d. banned the award of punitive damages based on the taking rule of the due process clause if the
defendant is corporation.
30. Your roommate is injured in a terrible automobile accident and her parents asked you to contribute
blood needed for her survival. You declined because you were busy studying for this examination.
a. You have committed an intentional tort.
b. You have been negligent.
c. The determination of what tort was committed would be determined by the jury.
d. None of the above.
31. In a negligence case, the plaintiff has several elements he or she must establish. Which is the
correct list of these elements?
a. duty, breach of duty, actual cause, and injury.
b. duty, breach of duty, proximate cause, and injury.
c. duty, breach of duty, proximate cause, and actual cause.
d. duty, breach of duty, actual cause, proximate cause, and injury.
32. You have made a claim in a small claims court against a defendant based on the theory of
negligence. You offer receipts showing the cost of repairing your vehicle, and doctor bills for your
injuries. You offered proof of
a. special (economic) damages which are part of compensatory damages
b. general damages (non-economic) which are part of compensatory damages.
c. punitive damages which are part of compensatory damages
d. general or special damages instead of compensatory damages.
33. Failing to move to the side of the road when you hear an ambulance coming up behind you is.
a. careless and possibility negligent if someone is hurt because of your failure.
b. an example of intentional infliction of emotional distress
c. privileged behavior if you could not hear the siren because you are wearing ipod ear pods.
d. is legally permissible because it is a failure to act rather than an act.
Test Bank 15
34. “A customer slips and falls on a wet floor of a store.” The correct responsibility of the owner is?
a. The property owner must maintain their property so no one is injured. If any injury occurs the
property owner is always liable.
b. The property owner is liable only if the customer has made a purchase and the floor was wet
more than one hour after an inspection occurred or was due to occur.
c. The property owner has no duty to maintain their property in a safe manner unless the property
owner knows that an injury has occurred in the past.
d. The property owner must maintain their property in a reasonably safe manner so that a visitor
will not be injured on the property while the property is open to the public or at a time when it
is foreseeable that a member of the public would be on the property.
35. Pransit, a truck driver, was involved in a truck collision with a passenger car driver by Sanjay. He
sued Sanjay for negligence and Sanjay defended by claiming that Pransit was negligent in his
driving. The jury heard both sides of the case and was instructed by the judge on the rules of
negligence and defense of comparative negligence. They jury verdict concluded that Pransit
suffered $60,000 damages and Sanjay was 75% negligent and Pransit was 25% negligent in
contributing to his own harm. Pransit will recover.
a. $15,000.
b. $45,000
c. $60,000
d. nothing.
28. Jhon Harris an accountant is injured while moving his computer desk from one position in the
office to another.
a. Whether or not workers compensation applies to this situation depends on the office policy
regarding moving office furniture.
b. This is a violation of Title VII of the Civil Rights Act.
c. Workers compensation would cover the employee’s injury.
d. As moving furniture is not part of an accountant job Jhon’s will not be elgible for workers
compensation.
Short Answer Essays
1. a. Identify and define the three basic types of torts discussed in the text.
b. Give one example of each type of tort.
16 Chapter Seven
2. Critics assert that our tort system promotes litigation and, as a result, has produced an overly
litigious society. Identify possible and reasonable reforms that might help to alleviate this objection.
3. Some states forbid riding motorcycles on public streets unless the operator wears a safety helmet.
The basis for this law is that, without helmets, far too many motorcyclists suffer permanent head
injuries and then wind up requiring long-term or permanent care in publicly financed facilities.
Compare this law to laws prohibiting smoking, which also can produce the need for publicly
financed health care.
4. Since compensatory damages are supposed to fully reimburse the plaintiff for all losses suffered
because of a tort or breach of contract, how can one justify the award of punitive damages?
Test Bank 17
5. Describe two torts that involve defamation of character. Which is easier to prove? Why?
6. April carelessly parks her car on a steep hill, leaving the car in neutral and failing to engage the
parking brake. The car rolls down the hill, knocking down an electric line. The sparks from the
broken line ignite a grass fire. The fire spreads until it reaches a barn one mile away. In the barn is a
cache of dynamite, and the burning barn explodes, causing part of the roof to fall on and injure a
passing motorist, Hideaki. Can Hideaki recover from April? Why or why not?
7. Ricki Pyle, a notorious prankster, telephoned Michelle Coopersburg. She told Michelle that her
brother had been terribly injured in a horrible accident. “He is near death at the Our Lady of the River
Hospital.” Twenty minutes later Ricki phoned Michelle again and giggling finally told her it was “just
a practical joke.” Has Ricki committed a tort?
18 Chapter Seven
8. Dawn tested consumer food products at her house and published the results in Dawn’s Cyberspace
Homepage, a monthly Internet newsletter. One month Dawn tested Hornet Snacks, a regionally
distributed food product from her hometown of Mountain City. Unfortunately, the review was terrible
and Kelly Armoire, the President of Hornet Snacks, was outraged. Kelly visited Dawn at her home in
an attempt to convince her to retract her review, but was unsuccessful. After his efforts failed, Kelly
drew an unloaded pistol from his jacket and pointed it a Dawn and said, “I’m going to blow you away.”
Kelly knew the gun was unloaded, but Dawn did not. After a few seconds, he put the gun away and left
while muttering “I also hate rabbits.” Has Kelly committed a tort?
9. A business law professor made this statement on a law professor list serve. “Students often tell me
that they learn in HR that they will be sued if they are asked for a reference and give more than
“name, rank and serial number.” I always tell them that so long as anything they say is truthful and
can be proven, they will win any suit for defamation. Explain why the HR managers gave the
advice referred to and the law professor gave that response.
Test Bank 19
10. What is the difference between a duty to act reasonably and a duty to act?
11. Jenna and Taryn were involved in an automobile collision in a shopping mall parking lot. Jenna
was driving 35 Kilometers per hour in a posted 20 Kilometers per hour zone. Taryn failed to
observe a caution sign before crossing a traffic lane. Jenna sued Taryn for compensatory and
punitive damages. Will Jenna win? What will be Jenna’s theory of recovery? Will Taryn have any
defenses to Jenna’s claim?
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