ANS: F PTS: 1 MSC: AACSB Analytic 40. In 1996 the ALI approved development of the Restatement Third, Torts: Liability for Physical and Emotional Harm, which applies mostly to nonintentional torts and which, as of 2008, had not yet been published in final form. ANS: T PTS: 1 MSC: AACSB Analytic 41. A major difference between trespass to personal property and conversion is that the latter does not require intent to harm whereas trespass does. ANS: F PTS: 1 MSC: AACSB Analytic 42. Tort liability is civil liability that is voluntarily assumed. ANS: F PTS: 1 MSC: AACSB Analytic 43. If Smith works for Jones under an informal arrangement by which there is no contract stating dates for beginning or ending the relationship, Brown Co. could induce Smith to quit her job with Jones and come to work for Brown Co. without liability to Jones. ANS: T PTS: 1 MSC: AACSB Reflective Thinking 44. X knows that Y has offered to sell wheat to Z at a certain price per bushel. Hoping to get Z for a customer, X offers Z wheat at $.50 less a bushel than Y offered. X gets the contract. X is liable to Y for the tort of interference with contractual relations. ANS: F PTS: 1 MSC: AACSB Reflective Thinking 45. Tort law gives persons relief from civil wrongs or injuries to their person and property but not their economic interests. ANS: F PTS: 1 MSC: AACSB Analytic 46. One of the principal objectives of tort law is to prevent future harms and losses. ANS: T PTS: 1 MSC: AACSB Analytic 47. A privilege may result in immunity from tort liability. ANS: T PTS: 1 MSC: AACSB Analytic 48. In some instances the same facts will give rise to an action for both false light and defamation. ANS: T PTS: 1 MSC: AACSB Analytic 49. The tort of false light imposes liability if the matter in question is objectionable to a reasonable person, but is not necessarily defamatory. ANS: T PTS: 1 MSC: AACSB Analytic 50. The tort of nuisance includes only the trespassory invasion of real property. ANS: F PTS: 1 MSC: AACSB Analytic
51. Perkins commits a battery against Connors. If the government brings a criminal action against Perkins, Connors cannot bring a civil tort action against Perkins for the same battery because this would constitute double jeopardy. ANS: F PTS: 1 MSC: AACSB Reflective Thinking 52. A defamatory communication that is spoken or oral is designated as libel. ANS: F PTS: 1 MSC: AACSB Analytic 53. Sheena knowingly and falsely tells Jenn that an automobile she is trying to sell has never been in a flood. In reliance upon Sheena’s statement, Jenn buys the car. Sheena is liable to Jenn for fraudulent misrepresentation. ANS: T PTS: 1 MSC: AACSB Reflective Thinking 54. All batteries are immediately preceded by an assault. ANS: F PTS: 1 MSC: AACSB Analytic 55. Misuse of procedure can occur even when the plaintiff succeeds in the litigation.
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