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Exam 4: Torts and Cyber Torts

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Question 21

Multiple Choice

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Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark will be

A) Oakley.
B) Pierre.
C) Roominate.
D) SocNet.

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

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Question 22

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

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Question 23

Multiple Choice

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An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is injured. Jack's has committed

Wrongfully taking personal property without the owner's permission is conversion.

An Internet service provider cannot be held liable for disseminating others' defamatory remarks.

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

Jean is playing a video game on a defective disk that melts in her game player, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant appli?cation of this doctrine is in the area of

The public disclosure of private facts about a person is an invasion of privacy.

Defamation is one person's use of another's name without permission.

After two years of research and the investment of considerable funds, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits. CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical prod?uct. CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product while it was in development. What legal re?course does CC have against National?

Mary is angry with Julia so she waits outside Julia's house and hits Julia with a baseball bat as Julia leaves the house. When Julia sues Mary for battery, Mary will be considered a

To determine whether a duty of care has been breached, a judge asks how a reasonable person would have acted in the same circumstances.

Under the doctrine of comparative negligence, only the plaintiff's negligence is taken into consideration.

Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for

Kelly is injured when she slips and falls on Layla's sidewalk. To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of

If no harm results from an allegedly negligent act, there is no liability.

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is

Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system. Retail Outlets, Inc., Quik's competitor, induces Sam, a Precise subcon?trac?tor who is writing code for the Quik software, to delay delivery of the code for one week. As a result, Precise's delivery of the software is delayed, and Quik sustains $500,000 in lost profits. On what ground could Quik recover damages from Retail Outlets?

Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane's lipstick. Jane does not ask the model's permission. The model can sue Jane for