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Exam 4: Tort Law

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Question 41

Multiple Choice

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Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he​

A) ​does not have Bella's permission to drive on the property.
B) ​drives onto the property for recreational purposes.
C) ​harms the property in a material way.
D) ​harms the property in any way.

E) A) and B)
F) A) and C)

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Question 42

Multiple Choice

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Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because​

A) ​both parties were emotionally rattled.
B) ​Cal did not apparently intend to cause an accident.
C) ​Duff must have been comparatively negligent.
D) ​Duff was not injured.

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

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Question 43

True/False

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Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.​

Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth's products. Beth does not ask Chelsea's permission. Beth is most likely liable to Chelsea for​

Power Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load, it strikes a storage tank owned by Quality Fuel, Inc. For the cost of repairing the damage to the tank, Quality Fuel is most likely to be awarded​

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​

Only persons who are explicitly invited onto a business's premises are considered business invitees.​

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion​

To avoid liability for negligence, a business owner must protect its customers against all risks.​

Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is​

Specifically targeting the customers of a competitor is always a legitimate business practice.​

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.​