BADM 300 - EXAM 3 PRACTICE
QUESTIONS & ANSWERS(RATED A+)
1. Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer
design program to show a famous model using Jayne's lipstick. Jayne does not ask the
model's permission. The model can sue Jayne for
a. battery.
b. fraudulent misrepresentation.
c. defamation.
d. appropriation. - ANSWERD - appropriation
2. Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection
of new games from the store without permission. Fifi is liable for
a. appropriation.
b. conversion.
c. malicious prosecution.
d. wrongful interference with a business relationship. - ANSWERb
3. Negligence is:
a. the cause of an intentional tort
b. carelessness in the legal sense
c. a business term for accident
d. none of the above - ANSWERB?
4. Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to
warn its patrons of
a. all risks.
b. hidden risks.
c. obvious risks.
d. no risks. - ANSWERB... Landowners must exercise reasonable care to protect
individuals coming onto their property from harm.
5. Baseball fans who willingly sit where they might be hit by a stray baseball during the
normal course of play are:
a. assuming the risk of being hit by a stray baseball
b. prime candidates for bringing a negligence tort action against any player who hits a
ball into the stands
c. unknowingly putting themselves in danger
d. covered by the baseball players' "assumption of risk" insurance - ANSWERA
6. To succeed in a negligence action, the plaintiff must prove which of the following
a. duty & breach
b. causation
c. damages
, d. all of the above - ANSWERD
7. What element is not necessary to prove wrongful interference with a contractual
relationship?
a. a valid, enforceable contract must exist between two parties
b. a third party must know that this contract exists
c. a fourth party must know that this contract exists
d. the third party must intentionally induce a party to the contract to breach the contract -
ANSWERc
11. Product liability actions may be based on which of the following:
a. negligence
b. misrepresentation
c. strict liability
d. all of the above - ANSWERD
12. Which of the following is not a requirement for a strict product liability action:
a. the product must be in a defective condition when the defendant sells it
b. the defendant must normally be engaged in the business of selling (or otherwise
distributing) that product
c. there exists privity of contract between the seller and the person injured
d. the plaintiff must incur physical harm to herself or property by use or consumption of
the product - ANSWERC
13. Which is false about manufacturing defects;
a. a manufacturing defect is a departure from a product's intended design, which results
in products that are physically flawed, damaged, or incorrectly assembled
b. manufacturing defects occur only when the manufacturer's quality control efforts were
"unreasonable"
c. expert testimony is often used to determine whether a manufacturing defect existed
d. all of the above are true - ANSWERB
14. There are three broad classifications of torts: intentional torts, unintentional torts,
and accidental torts.
a. True
b. False - ANSWERB... 2 types of torts: unintentional and intentional
15. The goal of tort law is to put a defendant in the position that he or she would have
been in had the tort occurred to the defendant.
a. True
b. False - ANSWERB - the purpose of tort law is to compensate the injured party for the
damage suffered
16. Negligence per se may occur if an individual violates a statute or an ordinance
providing for a criminal penalty and the violation causes another to be injured.
QUESTIONS & ANSWERS(RATED A+)
1. Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer
design program to show a famous model using Jayne's lipstick. Jayne does not ask the
model's permission. The model can sue Jayne for
a. battery.
b. fraudulent misrepresentation.
c. defamation.
d. appropriation. - ANSWERD - appropriation
2. Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection
of new games from the store without permission. Fifi is liable for
a. appropriation.
b. conversion.
c. malicious prosecution.
d. wrongful interference with a business relationship. - ANSWERb
3. Negligence is:
a. the cause of an intentional tort
b. carelessness in the legal sense
c. a business term for accident
d. none of the above - ANSWERB?
4. Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to
warn its patrons of
a. all risks.
b. hidden risks.
c. obvious risks.
d. no risks. - ANSWERB... Landowners must exercise reasonable care to protect
individuals coming onto their property from harm.
5. Baseball fans who willingly sit where they might be hit by a stray baseball during the
normal course of play are:
a. assuming the risk of being hit by a stray baseball
b. prime candidates for bringing a negligence tort action against any player who hits a
ball into the stands
c. unknowingly putting themselves in danger
d. covered by the baseball players' "assumption of risk" insurance - ANSWERA
6. To succeed in a negligence action, the plaintiff must prove which of the following
a. duty & breach
b. causation
c. damages
, d. all of the above - ANSWERD
7. What element is not necessary to prove wrongful interference with a contractual
relationship?
a. a valid, enforceable contract must exist between two parties
b. a third party must know that this contract exists
c. a fourth party must know that this contract exists
d. the third party must intentionally induce a party to the contract to breach the contract -
ANSWERc
11. Product liability actions may be based on which of the following:
a. negligence
b. misrepresentation
c. strict liability
d. all of the above - ANSWERD
12. Which of the following is not a requirement for a strict product liability action:
a. the product must be in a defective condition when the defendant sells it
b. the defendant must normally be engaged in the business of selling (or otherwise
distributing) that product
c. there exists privity of contract between the seller and the person injured
d. the plaintiff must incur physical harm to herself or property by use or consumption of
the product - ANSWERC
13. Which is false about manufacturing defects;
a. a manufacturing defect is a departure from a product's intended design, which results
in products that are physically flawed, damaged, or incorrectly assembled
b. manufacturing defects occur only when the manufacturer's quality control efforts were
"unreasonable"
c. expert testimony is often used to determine whether a manufacturing defect existed
d. all of the above are true - ANSWERB
14. There are three broad classifications of torts: intentional torts, unintentional torts,
and accidental torts.
a. True
b. False - ANSWERB... 2 types of torts: unintentional and intentional
15. The goal of tort law is to put a defendant in the position that he or she would have
been in had the tort occurred to the defendant.
a. True
b. False - ANSWERB - the purpose of tort law is to compensate the injured party for the
damage suffered
16. Negligence per se may occur if an individual violates a statute or an ordinance
providing for a criminal penalty and the violation causes another to be injured.
