Chapter 6 Quiz Flashcards
David trespasses on Expo Corporation’s property. Through the use of reasonable force, Expo’s security guard detains David until the police arrive. Expo is liable for
a. battery.
b. none of the choices.
c. false imprisonment.
d. assault.
b
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
a. the “danger invites rescue” doctrine.
b. a Good Samaritan statute.
c. res ipsa loquitur.
d. negligence.
d
An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper’s Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper’s committed
a. false imprisonment.
b. negligence.
c. assault.
d. battery.
b
Basil, a clerk at Cycle World, takes a bicycle from the store without the owner’s permission. Basil is liable for conversion
a. if he damages the bicycle.
b. if he fails to prevent a theft of the bicycle from his possession.
c. if he does not have a good reason for taking the bicycle.
d. under any circumstances.
d
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. Duff must have been comparatively negligent.
b. both parties were emotionally rattled.
c. Cal did not apparently intend to cause an accident.
d. Duff was not injured.
d
Elise, an emergency medical technician, renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under
a. the “danger invites rescue” doctrine.
b. an applicable Good Samaritan statute.
c. no circumstances.
d. the doctrine of res ipsa loquitur.
b
Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of
a.
trespass.
b. battery. c. conversion. d. assault.
b
Manuel is walking past Tomas’s house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas’s house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel’s defense will probably be
a. assisting someone in danger.
b. self-defense.
c. the reasonable person defense.
d. consent.
a
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
a. not fraud.
b. fraud if Quint is stating his opinion, not the facts.
c. fraud if Quint believes that the statement is not true.
d. fraud even if the statement is the truth.
a
