WBU BUAD3318 CHAPTER 4 MCQ

| March 14, 2016

Question
Question 1

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

1.

if he does not have a good reason for taking the bicycle.

2.

if he damages the bicycle.

3.

under any circumstances

4.

if he fails to prevent a theft of the bicycle from his possession

Question 2

ProHome Pest Exterminators Inc. advertises so effectively that the regular customers of its competitor Quick Pest Elimination Company patronize ProHome instead. This is

1.

none of the choices

2.

appropriation.

3.

wrongful interference with a contractual relationship.

4.

conversion.

Question 3

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego’s paperwork, he is held in jail for a month. The police are most likely liable for

1.

none of the choices.

2.

trespass to personal dignity.

3.

abuse of process.

4.

false imprisonment.

Question 4

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is

1.

not defamation because it was not communicated to more than one person

2.

not defamation because it was not communicated orally.

3.

not defamation because it is an opinion

4.

defamation.

Question 5

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as

1.

those injured in the collapse of the bridge.

2.

other engineers

3.

ordinary persons.

4.

other professionals, including doctors, dentists, and lawyers.

Question 6

Marcos wants to buy Lucia’s land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is

1.

not a tort.

2.

appropriation.

3.

wrongful interference with a contractual relationship.

4.

abuse of process.

Question 7

Emma invites Flynn into her apartment. Flynn commits trespass to land if he

1.

makes disparaging remarks about Emma to others

2.

refuses to leave when Emma asks him to go.

3.

harms the apartment in any way.

4.

enters the apartment with fraudulent intent

Question 8

Jonas steals a guitar from Kendall. Leonardo, who does not know that the guitar is stolen, buys it from Jonas. Leonardo has committed

1.

wrongful interference with a business relationship.

2.

conversion.

3.

no tort.

4.

disparagement of property

Question 9

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kaitlyn. But for Jack’s negligence, Kaitlyn would not have died. Regarding the death, the crash is the

1.

proximate cause.

2.

cause in fact.

3.

superseding cause

4.

intervening cause.

Question 10

A Georgia state statute requires commercial vehicle drivers to “fully attend to the operation of the vehicle.” Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn’s car, injuring her. Jocelyn’s best theory for recovery against Hale and Interstate Trucking is

1.

res ipsa loquitur

2.

a Good Samaritan statute

3.

negligence per se.

4.

the “danger invites rescue” doctrine

Question 11

As a joke, Desdemona hides Emil’s oboe so that he cannot find it during the week before the concert performance of Emil’s quartet. Desdemona is liable for

1.

trespass to personal property

2.

wrongful interference with a business relationship.

3.

no tort.

4.

appropriation

Question 12

After a dinner at Rosario’s Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable

1.

if the shove was offensive.

2.

if Stephanie acted out of malice

3.

under no circumstances—there was no physical injury.

4.

if Rosario’s did not actually overcharge Stephanie

Question 13

Kojo, a LifeCare Medical Supplies salesperson, follows Malin, a salesperson for Medco Products, a LifeCare competitor, as Malin visits medical clinics, doctors’ offices, hospitals, and other locations to make sales. Kojo solicits each of Malin’s customers, giving a better discount than he knows Malin has given. Kojo is most likely liable for

1.

trespass to personal property

2.

trade libel

3.

conversion.

4.

wrongful interference with a business relationship.

Question 14

Lloyd, an employee of the Mei Sum Chinese Restaurant, mops the floor in an aisle of the dining hall. Nicole walks down the aisle while it is still wet, slips, falls, and suffers an injury. Mei Sum is liable to Nicole on a negligence theory if there was a “Wet Floor” warning sign but

1.

Nicole was distracted by other patrons

2.

Nicole could not read it.

3.

Lloyd did not place the sign near the wet floor.

4.

Nicole was enticed by a nearby buffet

Question 15

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

1.

compensatory damages

2.

None of the above

3.

contingency fees.

4.

punitive damages

Question 16

Elise is a spectator at a Forest Hills Regional Tennis Tournament, an athletic competition. Regarding the risk of injury, Elise assumes the risks

1.

greater than the risks normally associated with the tournament

2.

normally associated with the tournament.

3.

different from the risks normally associated with the tournament

4.

attributable to the tournament in any way

Question 17

Felix tells Genie, a prospective tenant, that the roof of the Valley View Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of

1.

opinion.

2.

fact

3.

illusion.

4.

puffery.

Question 18

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

1.

only if Ichiro was more at fault than Heather

2.

only if Ichiro was less at fault than Heather

3.

even if Ichiro was only slightly at fault

4.

only if Ichiro and Heather were equally at fault

Question 19

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest’s sales decrease. Mainstream has most likely committed

1.

defamation.

2.

no tort.

3.

slander of quality.

4.

slander of title

Question 20

From a computer in a distant location, Viktor searches Wilma’s personal computer without her permission. Viktor is most likely liable for

1.

No tort.

2.

invasion of privacy

3.

appropriation.

4.

conversion

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