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John was driving home one night in a terrible snow storm when his car stalled.He managed to push the car onto a small shopping center's parking lot.The next day about noon he came to get the car and it had been towed away by the owner of the parking lot.The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed.Which statement is correct?


A) The owner of the parking lot is liable for conversion. She took John's car without his consent.
B) The parking lot owner has a qualified privilege for towing the car since it was a business necessity.
C) Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property.
D) All the above are correct.

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

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In order for a plaintiff to win a case involving intentional infliction of emotional distress,she must prove the defendant acted in an extreme and outrageous manner.

A) True
B) False

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Angela sued Tom for battery.Angela was awarded $30,000 for future medical expenses.Five years after the award,Angela realizes that her medical expenses will far exceed $30,000.Under the single recovery principle:


A) Angela will be able to submit the additional medical bills to the court for payment.
B) Tom will have to pay the additional medical bills.
C) Tom will have a qualified privilege and only have to pay a portion of the additional medical expenses.
D) Angela will have no recourse against Tom or the court for the medical expenses as long as the original award was reasonable.

E) B) and D)
F) A) and D)

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Wilma's arm is broken when Paula knocks her down during an argument.If Wilma sues Paula for battery,what damages is Wilma likely to receive?

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A successful plaintiff usually receives ...

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Ahmi was a witness in a lawsuit.When asked why he fired Rana,Ahmi replied,"Rana was fired for willful misconduct." Indeed,Rana had not engaged in any misconduct.Rana will be able to successfully sue Ahmi for defamation based on what Ahmi said in court.

A) True
B) False

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False

Tracy is an "at will" employee of Zebra Toy Company.One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor,Tiger Toys.Over a period of about three months,Tiger Toy representatives convince Tracy to work with them.Tiger offers a larger base salary with bigger commissions than she had with Zebra.When Tracy leaves Zebra,it sues Tiger Toys claiming it intentionally interfered with a contractual relationship.Will Zebra Toy Company be successful?

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No.An "at will" employee is free to leav...

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A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's will be able to detain the customer for suspicion of shoplifting.

A) True
B) False

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True

Runyon was ready to sign a two-year agreement with Barnett Corp.to become Barnett's sales representative for a three-state area.LaPrise,who wants to be the representative for that area,threatens Runyon with bodily harm if he takes the position.Runyon decides his physical well being is more important to him than the job,so he does not accept the position.LaPrise:


A) committed tortious interference with a contract.
B) committed tortious interference with a prospective advantage.
C) committed a battery.
D) caused a breach of contract and committed the tort of intrusion.

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

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Identify and discuss two specific causes of action a plaintiff can allege that deal specifically with privacy rights.

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Two causes of action under the general u...

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A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display case and put it in his pocket.In most states,Sparkle:


A) can reasonably detain the customer for suspicion of shoplifting.
B) cannot detain the customer but can alert the police.
C) cannot detain the customer but once the customer leaves the store, the salesclerk can make a citizen's arrest.
D) cannot detain the customer but can sue for conversion.

E) None of the above
F) All of the above

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As assistant manager of a discount department store,you have been asked to review the store's policy concerning shoplifters.(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.(b)In reviewing the store's policy,discuss some of the items that you will consider.

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a)Generally,a store may detain a custome...

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Rodney was employed by Deluxe Discount Store.Rodney's manager directed him to check the prices of dog food at Huge Savings Store.The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave.Rodney,fearful that he would be fired by Deluxe,refused to leave.Rodney committed the tort of:


A) larceny.
B) trespass.
C) misrepresentation.
D) conversion.

E) None of the above
F) All of the above

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Krista,the Director of Advertising at Trein,Inc.,approved a series of magazine advertisements using a close-up photograph of celebrity look-alike models driving a train engine with the slogan,"Get on Board with Trein." Each ad included a signature,meant to look like that celebrity's autograph.Since in most cases,these "autographs" are not legible,this series of ads does not commit any tort.

A) True
B) False

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Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc.,a competitor of Trein,was interested in having Mia promote its products and knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.Which statement is correct?


A) Trein is liable for tortious interference with a contract.
B) Mia is liable for tortious interference with a contract.
C) E-presto is liable for tortious interference with a contract.
D) Both Mia and E-presto are liable for tortious interference with a contract.

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

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If Gloria threw a rock which hit Merle,she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

A) True
B) False

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Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

A) True
B) False

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True

Wholesome Bread,Inc.advertised that its honey wheat bread had 25% fewer calories than a competing brand,Valley Grains.In fact Wholesome's bread had the same amount of calories as Valley Grains' bread.Wholesome Bread's conduct:


A) does not violate the Lanham Act because of the First Amendment freedom of speech.
B) does not violate the Lanham Act because Wholesome did not act with actual malice.
C) does not violate the Lanham Act because comparative ads are exempt from the law.
D) violates the Lanham Act.

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

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An intentional tort involves conduct in which:


A) the defendant intended to harm the plaintiff.
B) the defendant intended a certain physical act which ends up injuring someone.
C) injuries are caused to someone because of the defendant's neglect or oversight.
D) there is resulting punishment, including prison, for the defendant.

E) All of the above
F) A) and B)

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Shortly after Brian started to work at Trevit,Inc.,a co-worker,Ann,began asking him out.Brian said no.Nevertheless,Ann persisted.One day Ann playfully,but intentionally touched Brian "below the belt." Which statement is correct?


A) Ann defamed Brian.
B) Ann committed the tort of trespass.
C) Ann committed the tort of interference with a prospective advantage.
D) Ann committed the tort of battery.

E) C) and D)
F) B) and D)

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Adam decided to play a practical joke on Linda,a co-worker.As Linda was leaving the office one night,Adam,wearing a mask,stepped out from behind some bushes.He pointed a handgun made out of licorice at her and demanded her purse.He then pushed the candy gun to her head and told her if she told anybody he'd kill her.Linda was very scared during the whole incident.She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back.Did Adam commit the tort of intentional infliction of emotional distress?


A) Yes, as his conduct was intentional.
B) Yes, but only if Adam intended to cause Linda serious emotional distress.
C) No, since he was only playing a practical joke.
D) No, since Linda was not physically hurt by Adam.

E) B) and D)
F) B) and C)

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