Torts final UPDATED Exam Questions and CORRECT Answers

Torts final UPDATED Exam Questions and
CORRECT Answers
Courts today treat "coming to the nuisance" as an absolute defense against a claim of nuisance. -
CORRECT ANSWER - False


Nuisance consists of an interference with the plaintiff's right to possession of their property. -
CORRECT ANSWER - False


An abnormally sensitive plaintiff will be precluded from recovery under a private nuisance
claim. - CORRECT ANSWER - True


To recover for malicious prosecution, the plaintiff must prove only that the proceedings
concluded in the plaintiff's favor, and that the proceedings were instigated without probable
cause. - CORRECT ANSWER - False


The courts are more likely to find misrepresentation if an undisclosed fact is a material one. -
CORRECT ANSWER - True



Half-truths can be the basis of a misrepresentation claim. - CORRECT ANSWER - True


Environmental law cases have caused a resurgence in nuisance law cases. - CORRECT
ANSWER - True



Tenants cannot sue on the basis of a private nuisance. - CORRECT ANSWER - False



Fraud and misrepresentation are two distinct torts. - CORRECT ANSWER - False


The tort of misrepresentation is interwoven with other types of tortious behavior. - CORRECT
ANSWER - True

,An individual is privileged to breach a contract for the purpose of promoting social interests. -
CORRECT ANSWER - True


A person who makes a negligent misrepresentation is liable to anyone whom they reasonably
expect to learn about the misrepresentation. - CORRECT ANSWER - False


The proceedings must conclude in the plaintiff's favor in order for the plaintiff to recover under
malicious prosecution. - CORRECT ANSWER - True


A defendant may never be liable for misrepresentation for making statements that are merely
beliefs. - CORRECT ANSWER - False


A nuisance and a trespass are similar except that a trespass requires that interference with the
land must be substantial. - CORRECT ANSWER - False


Under modern law, if an architect supplies erroneous specifications to a builder, a subcontractor
who relies on those specifications will not be able to sue the architect for misrepresentation
because the specifications were not given to them personally. - CORRECT ANSWER -
False


Historically, claims for negligent misrepresentation were not allowed. - CORRECT
ANSWER - True


Those who incorporate misstatements into commercial documents are liable to those who suffer
as a result of justifiable reliance on those misstatements. - CORRECT ANSWER - True



Actions alone may not constitute concealment. - CORRECT ANSWER - False

, A plaintiff can recover for misrepresentation even if the plaintiff investigated the defendant's
representations and relied totally on their investigation in deciding to rely on those
representations. - CORRECT ANSWER - False


Exposure to unpleasant sounds and odors may constitute substantial interference to justify suit
for a private nuisance. - CORRECT ANSWER - True


Innocent misrepresentation applies to product liability through labels or advertising. -
CORRECT ANSWER - True


Subpoenaing someone for the sole purpose of inducing that person to settle is grounds for an
abuse of process suit. - CORRECT ANSWER - True


If a plaintiff is acquitted, it can be assumed, for purposes of a malicious prosecution claim, that
the defendant acted without probable cause. - CORRECT ANSWER - False


Although a defendant may not interfere with an existing contract for purposes of gaining
business for themself, the defendant may do so if only a potential contract exists. - CORRECT
ANSWER - True


To recover for misrepresentation, the plaintiff must prove that their losses were a reasonably
foreseeable result of the misrepresentation. - CORRECT ANSWER - True


Plaintiffs are not entitled to rely on the opinions of others even if an opinion is expressed by a
disinterested party. - CORRECT ANSWER - False


Nuisance claims are clearly advantageous in every respect to CERCLA claims. - CORRECT
ANSWER - False


Proving lack of probable cause in a wrongful institution of civil proceedings case is more
difficult than proving lack of probable cause in a malicious prosecution case. - CORRECT
ANSWER - True