88. Jojo is accused of negligence. In looking to determine if Jojo exercised appropriate care towards thePlaintiff, the courts will not focus on whether or not Jojo subjectively thought he was beingreasonable, but they will take into account the behavior of others in the community and how theymight have acted reasonably in the same situation. A. True B. False 89. A buyer of Oklahoma land is an employee at an oil company. The seller of the land is a local rancher.The buyer learned from his manager that the land next to the one he intends to purchase just found alarge oil reserve. If the buyer does not mention the oil “strike” to the seller his silence could likely be aform of fraud. 90. John works as a valet at a hotel. Late one night John’s boss, Lou, asked if they could go in to the office and “have some fun” together. Startled, John said that he did not know what Lou was talking about.Lou winked at John and blew him a kiss. John told him no and that he wasn’t comfortable with Loutalking to him like that. Lou told John to calm down and promised him that he would not tell anyone.He also said that if John would just “give him what he wants” that Lou could see to it that John wouldget a big raise and possibly even a promotion. John complained to the regional manager, but he didnothing about it, so John quit. In a lawsuit, which is the most likely outcome?
91. A woman was walking down the street when a young man ran up to her and yanked her purse away from her so hard that she fell to the ground. Which of the following best describes this crime? 92. Afton was very upset with David for scoring higher than him on the Torts exam. After lunch he walkedup behind David and hit him on the back of the head with his Torts book. David would prevail on aclaim against Afton for which of the following? A. Assault B. Battery C. Assault and Battery D. All of the above E. None of the above
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- Spring '08