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Chapter 6 (Hypotheticals) Law- Flashcards

Multiple Choice Questions- Chapter 6: Tort Law

1) Ted is running down the sidewalk at a high rate a speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except:

a. damages.

b. causation.

c. duty.

d. breach.       

2) Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of

a. assumption of the risk.          

b. consent.     

c. negligence per se.  

d. transferred intent

3) John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John’s illness is outside of Dr. Smith’s area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, he can defend himself under

a. Good Samaritan statutes.     

b. dram shop acts.     

c. the “danger invites rescue” doctrine.        

d. the theory of res ipsa loquitur.

4) Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate’s tooth. Nate may bring a lawsuit against Ethan

a. for battery only.     

b. for assault only.     

c. only if Nate can prove Ethan’s motive.     

d. for assault and battery.     

5) Doug obtains permission to be on Nathan’s land for one day to hold a four-wheeling event. Doug’s truck breaks down, and instead of removing it, he leaves it on Nathan’s property for several days after the event. Doug has most likely committed

a. trespass to personal property.       

b. trespass to land.           

c. no tort.        

d. trespass, but he has a complete defense.

6) Southern Trucking arrived at WoodCo to pick up a shipment of wood furniture. When the Southern Trucking driver was backing up his truck into the loading dock, the truck accidentally crushed a pallet of valuable wood tables and bedframes. Southern Trucking is

a. liable for punitive damages.          

b. not liable for any damages.

c. liable for compensatory damages. 

d. liable for established damages.

7) Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for

a. infliction of emotional distress.      

b. libel.

c. battery.       

d. violations of the First Amendment.

8) Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidentally hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute

a. assault       

b. battery       

c. negligence  

d. negligence per se

9) Astor Manufacturing stores hazardous and volatile chemicals in its warehouse. The warehouse has state of the art equipment to make sure the chemicals do not explode. An unexpected earthquake shakes the warehouse, causing the chemicals to explode and injure William, a passer-by on a nearby sidewalk. Astor Manufacturing is

a. not liable to William because it satisfied its duty of care to passers-by.   

b. strictly liable for William’s injuries.         

c. liable to William only if the company was grossly negligent.       

d. not liable to William because Jason voluntarily assumed the risk of injury

10) While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town’s main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders’ negligence in ignoring the warning signs is

a. the causation in fact, but not the proximate cause, of Ethel’s death.

b. the proximate cause of Ethel’s death.       

c. not the cause of Ethel’s death.       

d. the superseding cause of Ethel’s death.    

11) Orson takes Harrison’s car without Harrison’s permission and without just cause. Orson has probably committed the tort of conversion unless he can show that

a. Harrison does not really own the car.      

b. the car was worth less than $500.

c. he returned the car undamaged within 24 hours. 

d. he mistakenly believed he owned the car

12) Adam sells audio and video equipment. He tells a customer, Abbey, “This MP3 player is the best one ever made.” Adam’s statement is:

a. Appropriation        

b. Fraudulent misrepresentation      

c. Puffery    

d. Fact

13) Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for

a. conversion.

b. appropriation. 

c. defamation.

d. wrongful interference with a business relationship

14) Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, “Bling Jewels sells stolen diamonds.” Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of

a. slander of quality.  

b. slander of title. 

c. malice.       

d. wrongful interference with a contractual relationship.

15) The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson’s clients immediately stop training with Hanson. Bob is most likely to have committed

a. wrongful interference with a business relationship.   

b. slander.     

c. conversion.

d. no tort.

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