MGT 200 EXAM 2 100% ANSWERED

Which of the following correctly identifies the categories of torts? I. Negligence. II. Partial liability. III. Strict liability. IV. Intentional. a. I, II, and IV. b. I, III, and IV. c. II, III, and IV. d. All of these. e. I, II, and III. - ANSWER b. I, III, and IV. When a tortfeasor is willful in bringing about a particular event that caused harm, it falls into which category of tort? a. Negligence. b. None of these. c. Strict liability. d. Partial liability. e. Intentional. - ANSWER e. Intentional. The law recognizes an absolute privilege defense to defamation claims against ______________. a. former employers b. movie stars c. physicians d. newspaper reporters e. judicial officers - ANSWER e. judicial officers Santiago rents a boat slip at the Angler Hotel dock based on misrepresentations by the manager that a full-time security guard was employed to watch the dock. One night, the boat next to Santiago's is burglarized. In a lawsuit against Angler Hotel for fraudulent misrepresentation: a. Angler prevails because the manager was not authorized to rent the slip. b. Santiago prevails because all the elements for fraudulent misrepresentation were met. c. Santiago prevails because the misrepresentation was a material fact. d. Santiago prevails because he was intentionally misled by the manager. e. Angler prevails because Santiago didn't suffer any damages. - ANSWER e. Angler prevails because Santiago didn't suffer any damages. Which elements of defamation require the aggrieved party to be able to prove pecuniary (monetary) harm? I. False and defamatory statement. II. Dissemination to a third party. III. Specificity. IV. Damages. a. II only. b. III only. c. IV only. d. III and IV. e. I and II. - ANSWER c. IV only. Idaho passes a state statute that gives the right for any potato farmer to sue any party who wrongfully defames potatoes grown in Idaho. This is an example of a _____________ statute. a. fraudulent misrepresentation b. product disparagement c. common law d. qualified privilege e. absolute privilege - ANSWER b. product disparagement Jamal rents a locker at Moe's Storage based on misrepresentations by the manager that a full-time security guard is employed to watch the storage lockers. One night, Jamal's storage locker is burglarized. In a lawsuit against Moe's Storage for fraudulent misrepresentation: a. Jamal prevails because all the elements for fraudulent misrepresentation were met. b. Moe's Storage prevails because Jamal didn't suffer any damages. c. Moe's Storage prevails because the misrepresentation was not relevant to the case. d. Moe's Storage prevails because the manager was not authorized to rent the storage locker. e. Jamal prevails because he was intentionally misled by the manager. - ANSWER a. Jamal prevails because all the elements for fraudulent misrepresentation were met. Which is not an element of defamation? a. Specificity. b. Dissemination to a third party. c. Generality. d. False and defamatory statement. e. Damages. - ANSWER c. Generality. Keith provides consulting services to Troy Manufacturing. Mei-Ling has been trying to get Troy's business for more than a year and finally offers to undercut Keith's rates by 50 percent. After the Keith-Troy contract expires, Troy switches to Mei-Ling. In a lawsuit by Keith against Mei-Ling over the Troy account: a. Keith prevails due to tortious interference with a prospective advantage. b. Mei-Ling prevails because Keith did not suffer any damages. c. Keith prevails because Mei-Ling had specific knowledge of the contract. d. Keith prevails due to tortious interference with existing relationship. e. Mei-Ling prevails because she merely offered a better price to a customer. - ANSWER e. Mei-Ling prevails because she merely offered a better price to a customer. Carmine owns an electronics store that competes with Kim's. Jeremy is one of Kim's best sales reps, so Carmine invites Jeremy to a lavish meal to discuss potential employment at her store. When Jeremy informs Carmine that he is restricted by contract from working for any of Kim's competitors for at least two years after termination, Carmine offers him $5,000 to break the contract immediately and Jeremy begins work for Carmine. In a lawsuit against Carmine: a. Carmine prevails because she paid Jeremy to break the contract. b. Kim prevails due to tortious interference with a prospective advantage. c. Kim prevails due to tortious interference with an existing relationship. d. Carmine prevails because it was Jeremy who ultimately made the decision to break the existing contract. e. Carmine prevails because she merely offered a better price to a customer. - ANSWER c. Kim prevails due to tortious interference with an existing relationship. Alfredo owns a car dealership that competes with Hector's. Cassandra is one of Hector's best sales reps and is restricted by contract from working for any of Hector's competitors for at least two years from termination. One day she becomes frustrated with her salary and quits. The next week, she goes to work for Alfredo. In a lawsuit against Alfredo: a. Hector prevails due to tortious interference with a prospective advantage. b. Hector prevails due to tortious interference with existing relationship. c. Hector prevails because of damages incurred by having to train a replacement for Cassandra. d. Alfredo prevails because he did not actively interfere with the Hector-Cassandra contract. e. Alfredo prevails because he merely offered a better price to a customer. - ANSWER d. Alfredo prevails because he did not actively interfere with the Hector-Cassandra contract. A deck collapses and injures one person. The jury determines 1) the injured party's medical bills and other damages are $100,000, and 2) the injured party was 25 percent responsible for her own injury because she was storing heavy equipment on the deck during a recent renovation. If the jury trial took place in a comparative negligence state, what would be the plaintiff's recovery amount? a. $125,000 b. $100,000 c. $25,000 d. $0 e. $75,000 - ANSWER e. $75,000 Warehouse-Mart is a retailer with a business model centered on low overhead and cheap prices on bulk quantities for consumers in a warehouse-type setting. Falstaff is a customer and reaches up for a large box of detergent. The detergent had been stacked incorrectly by Warehouse-Mart employees, and an entire stack falls on and injures Falstaff. In the next aisle, Harding, who is carrying a large-screen plasma television, hears the crash and is so startled that he drops the tv on his foot.If Harding pursues a negligence claim against Warehouse-Mart on the theory that its negligence caused his foot to be broken, which of the following elements is missing? a. Proximate cause. b. Actual damages. c. Intent. d. Cause in fact. e. Special duty owed to customer. - ANSWER a. Proximate cause. Which of the following are not elements of negligence? I. Duty. II. Malice. III. Cause in fact. IV. Intent. a. I, II, and III. b. I and II. c. I and III.