Torts final UPDATED ACTUAL Exam
Questions and CORRECT Answers
intentional misrepresentation - CORRECT ANSWER - The tort of deceit is also known as
where the defendant breached a duty of care - CORRECT ANSWER - When a fiduciary
relationship exists between the defendant and the plaintiff, liability can arise
designed to induce reasonable reliance - CORRECT ANSWER - For an action in
misrepresentation, plaintiff has to show that the inaccurate information was
the burden of proof - CORRECT ANSWER - If there is a difference between the tort of
fraud and the crime of fraud, it is
negligent misrepresentation - CORRECT ANSWER - If a defendant had a duty to provide
a plaintiff with correct information but failed to do so, then the plaintiff can pursue an action for
disparagement of title - CORRECT ANSWER - If a plaintiff cannot sell land because of
what defendant has said, then plaintiff has a cause of action in
nothing - CORRECT ANSWER - When a defendant accidentally discloses false
information about a piece of land, a plaintiff will have a cause of action in
commercial disparagement - CORRECT ANSWER - If a defendant says that Bert's Tires
sells substandard and faulty tires, then the defendant could face liability for
defamation - CORRECT ANSWER - If a defendant says that Bert, of Bert's Tires, is "a
liar and a cheat" then Bertmost likely has a cause of action in
, intent - CORRECT ANSWER - Misrepresentation and interference with a contractual
relationship have in common a requirement
because only one requires the existence of a contract - CORRECT ANSWER -
Interference with a contractual relationship and interference with prospective economic
advantage only differ
damages - CORRECT ANSWER - The greatest difficulty a plaintiff will face when filing
suit for interference with prospective economic advantage is to prove
negligent interference with prospective economic advantage - CORRECT ANSWER -
Fraud is to negligent misrepresentation as interference with prospective economic advantage is to
commercial disparagement - CORRECT ANSWER - Taking out newspaper ads claiming
that a competitor sells substandard goods likely will lead to a suit in
wrongful discharge - CORRECT ANSWER - Ending the employment of a
"whistleblower" most likely will be the basis for an action in
wrongful discharge - CORRECT ANSWER - Firing a plaintiff because of the plaintiff's
religious practices most likely gives rise to an action for
fraud - CORRECT ANSWER - If a defendant says, "I can double your money in one
year," but cannot in fact do so, then a plaintiff, who reasonably relied on that statement but did
not get such a handsome return on the investment, will have a cause of action in
an intentional act - CORRECT ANSWER - To establish that a defendant has created a
nuisance, a plaintiff needs to show
that the defendant acted unreasonably - CORRECT ANSWER - To win in a claim in
nuisance, the plaintiff needs to show:
Questions and CORRECT Answers
intentional misrepresentation - CORRECT ANSWER - The tort of deceit is also known as
where the defendant breached a duty of care - CORRECT ANSWER - When a fiduciary
relationship exists between the defendant and the plaintiff, liability can arise
designed to induce reasonable reliance - CORRECT ANSWER - For an action in
misrepresentation, plaintiff has to show that the inaccurate information was
the burden of proof - CORRECT ANSWER - If there is a difference between the tort of
fraud and the crime of fraud, it is
negligent misrepresentation - CORRECT ANSWER - If a defendant had a duty to provide
a plaintiff with correct information but failed to do so, then the plaintiff can pursue an action for
disparagement of title - CORRECT ANSWER - If a plaintiff cannot sell land because of
what defendant has said, then plaintiff has a cause of action in
nothing - CORRECT ANSWER - When a defendant accidentally discloses false
information about a piece of land, a plaintiff will have a cause of action in
commercial disparagement - CORRECT ANSWER - If a defendant says that Bert's Tires
sells substandard and faulty tires, then the defendant could face liability for
defamation - CORRECT ANSWER - If a defendant says that Bert, of Bert's Tires, is "a
liar and a cheat" then Bertmost likely has a cause of action in
, intent - CORRECT ANSWER - Misrepresentation and interference with a contractual
relationship have in common a requirement
because only one requires the existence of a contract - CORRECT ANSWER -
Interference with a contractual relationship and interference with prospective economic
advantage only differ
damages - CORRECT ANSWER - The greatest difficulty a plaintiff will face when filing
suit for interference with prospective economic advantage is to prove
negligent interference with prospective economic advantage - CORRECT ANSWER -
Fraud is to negligent misrepresentation as interference with prospective economic advantage is to
commercial disparagement - CORRECT ANSWER - Taking out newspaper ads claiming
that a competitor sells substandard goods likely will lead to a suit in
wrongful discharge - CORRECT ANSWER - Ending the employment of a
"whistleblower" most likely will be the basis for an action in
wrongful discharge - CORRECT ANSWER - Firing a plaintiff because of the plaintiff's
religious practices most likely gives rise to an action for
fraud - CORRECT ANSWER - If a defendant says, "I can double your money in one
year," but cannot in fact do so, then a plaintiff, who reasonably relied on that statement but did
not get such a handsome return on the investment, will have a cause of action in
an intentional act - CORRECT ANSWER - To establish that a defendant has created a
nuisance, a plaintiff needs to show
that the defendant acted unreasonably - CORRECT ANSWER - To win in a claim in
nuisance, the plaintiff needs to show:
