ADVANCED TORTS

Spring 2014
MULTIPLE CHOICE PRACTICE QUESTIONS
Products Liability, Misrepresentation, Defamation,

1.

Acme was the manufacturer of a product called Spring Colors, a product sold
over the counter for the dying and coloring of hair. Acme sells its product directly
to supermarkets, drugstores and department stores such as Wal-Mart and KMart. Michelle purchased a bottle of Spring Colors from a local drug store. After
arriving home, Michelle washed her hair and applied the product. Unfortunately,
the chemicals in the product caused severe scalp burning and ultimately major
hair loss. If Michelle sues Acme for injuries based on strict liability, which of the
following is incorrect?
(A)
(B)
(C)
(D)

2.

Which of the following is never a defense to a defendant in a products liability

case based on a theory of strict liability?
(A)
(B)
(C)
(D)

3.

Michelle will have to demonstrate that Acme was the seller or

manufacturer of Spring Colors.
Michelle will have to demonstrate that was not contributory negligent
when she applied Spring Colors to her hair.
Michelle will have to demonstrate that Spring Colors was in a defective
state at the time Michelle purchased it from the drug store.
Michelle will have to demonstrate that Spring Colors was the actual and
proximate cause of her injuries.

Assumption of the Risk.

Mistake of fact
Alteration of the product by after leaving the control of the manufacturer.
Misuse of the product by the plaintiff.

Janet was engaged in crop dusting, an occupation that required her to fly over
farmland and to spray insecticides onto growing crops. Ken, a local Tobacco
farmer, contracted with Janet for crop dusting of his soy bean crops. Janet
sprayed a very generous amount of insecticide onto Kens soy beans.
Unfortunately, the insecticide not only coated the leaves of the soy bean plants,
but also seeped into the water supply that flowed under Kens and his neighbors
properties. Debra, Kens neighbor, grew organic tomatoes on her property.
Debra marketed her tomatoes as being chemical free. Prior to harvesting her
tomatoes, Debra learned of her insecticide-tainted water supply that ultimately
destroyed her ability to market her tomatoes as organic. If Debra sues Ken
under a theory of strict liability for injuries resulting from the crop dusting on
Kens property, Debra will most likely:
(A)
(B)

not prevail because Janet did not breach any express or implied
warranties in her performance of the crop dusting contract with Ken.
prevail because crop dusting is an abnormally dangerous activity.

(C)
(D)

4.

not prevail because Debra could have purchased insurance to protect her
tomato crop from the injury that occurred.
prevail because Ken should have known that the crop dusting activity on
his land could have affected Debra, his neighbors property.

Bill, a mechanic, decided to sell his 2006 Nissan Maxima. Although the care was
in very good condition, the mileage was 85,000. Just prior to placing an ad in the
local paper, Bill moved the odometer from 85,000 back to 32,000 miles. Later
during the week, Patrick, who had read the ad, stopped by to see the car. While
looking at the car, Bill said nothing whatsoever about the mileage and Patrick
never questioned it. Patrick purchased the car. After taking it into a local garage
for an oil change, Patrick learned that the odometer had been altered and that
the correct reading was somewhere near 80,000 miles. As a result, the actual
dollar value of the car dropped significantly. Patrick sued Bill for fraudulent
misrepresentation. Which of the following statements, if found to exist by the
court, will be critical to establish Patricks claim?
I.
II.
III.
(A)
(B)
(C)
(D)

5.

I and II only.
II and III only.
I, II, and III.
None of the above.

Bill made four statements to Harry concerning Bills friend Tom who is a doctor.
Tom learns of the statements and files four separate actions for slander. For
which of the statements will Tom have to prove special damages in order to
recover:
(A)
(B)
(C)
(D)

6.

Bill actively concealed a material fact concerning the cars

odometer reading.
Patrick relied on the accuracy of the odometer reading to his
detriment.
The mileage was an important factor in Patricks decision to
purchase the car.

Harry, if I were you, I wouldnt let Tom date your daughter. He has been
known to rape his girlfriends.
Harry, if I were you, I wouldnt allow Tom to treat your niece for
appendicitis. Tom has HIV and may infect your niece.
Harry, if I were you, I wouldnt allow Tom to visit your dying mother. He
would have allowed her to starve to death if she hadnt died naturally as a
result of heart failure.
Harry, if I were you, I would not even allow Tom to treat my dog in an
emergency. Hes a drunkard and on one occasion, wasnt able to treat a
patient because he was too intoxicated.

Acme Bicycle Corporation is the manufacturer of mountain bicycles that are sold
to West Coast Cycles, a retail bike dealer. Peter recently purchased an Acme
mountain bike from West Coast Cycles as a birthday present for his 12-year-old
son, Jason. While Jason was riding his bike, he placed his back pack filled with
books on the handle bars to give his back a rest from the heavy back pack.

Unfortunately, the handle bars which were connected to the steering column of
the bike broke off from the rest of the frame of the bike, throwing Jason face first
into a concrete sidewalk. If Peter sues West Coast Cycles for strict liability in tort
for Jasons injuries, will Peter prevail?
(A)
(B)
(C)
(D)

7.

Kim, a waitress at Pops Steak and Ale was injured when a 26 ounce unopened
bottle of Coca Cola exploded in her hand. Kim had begun to open the bottle
when the explosion occurred. Assume that the evidence will show that the bottle
exploded in Kims hand, that it had not struck anything prior to the explosion, and
that the bottle had not been exposed to temperature extremes or to mishandling.
Also, assume that none of the other 26 ounce bottles of Coke at Pops Steak and
Ale had or has ever exploded during opening. If Kim sues Coca Cola for
damages for products liability under a strict liability theory, she will most likely
prevail under which of the following defective product claims:
(A)
(B)
(C)
(D)

8.

Warning Defect.
Design Defect.
Manufacturing Defect.
None of the above.

Terry, a high school senior, received a brand new General Electric microwave
from his grandmother as a graduation gift. Terry had recently purchased a
Samsung microwave as a furnishing for his future dorm room. Not wanting to
hurt his grandmothers feelings, Terry gave the microwave to his best friend,
Larry. Larry used the microwave immediately. Larry placed a Lean Cuisine meal
inside the oven, set the appropriate time and waited. Upon hearing the timer
bell, Larry opened the door and was severely burned as he reached in to take the
plate holding the Lean Cuisine meal. Unfortunately, the oven had automatically
turned on all by itself as Larry opened the door. If Larry brings a products
liability action against General Electric, the court should find for:
(A)
(B)
(C)
(D)

9.

Yes, if the handle bar break was due to a defect present when the
mountain bike left the assembly line of Acme Bicycle Corporation.
Yes, because the handle bars broke while Jason was riding the mountain
bike purchased from West Coast Cycles.
No, if Jason was contributory negligent in placing the back pack on the
handle bars of the mountain bike.
No, if West Coast Cycles had carefully inspected the mountain bike prior
to selling it to Peter. .

Larry, if the microwave was defective.

Larry, but only if his grandmother did not use the microwave before giving
it to Terry.
General Electric, since the microwave was purchased by Terrys
grandmother and only given to Terry as a gift.
General Electric, because it had no way to determine the problem prior to
the occurrence of its malfunction.

Which of the following is an accurate description of libel per quod?

(A)
(B)
(C)
(D)

10.

Mary, a senior citizen, lived next door to an old dilapidated factory complex.
Blake, a developer, had recently purchased the factory complex and planned to
turn the space into a 55 story office and retail building. Last week, Blake began
the process of tearing down the old factory buildings. He used dynamite to do
this. Prior to the blasting, Blake had sent a two-week notice to all of the
neighboring property owners informing them of his intent to use dynamite to tear
down the old buildings of the factory complex and the specific date on which he
would begin blasting operations. As expected, the sounds of the explosions were
frightening and very loud. Mary, who failed to read the notice letter, went into
shock and fainted upon hearing the noise. Later that afternoon, Katie, Marys
niece stopped in to check on Mary and saw her lying on the floor. Katie quickly
called 911 and an emergency crew arrived. Mary was taken to the hospital where
doctors confirmed that she had suffered a heart attack. Mary is currently confined
to a wheel chair. If Mary sues Blake on a strict liability theory, which of the
following would be Blakes best argument in defense?
(A)
(B)
(C)
(D)

11.

It simply means that a court can find libel as a matter of law and the
determination does not have to be made by a jury.
It simply means that a plaintiff, in establishing libel, will have to rely on
extrinsic facts to prove the claim.
It simply means that the plaintiff, in establishing libel, must allege facts
indicating that the defamatory statements were of and concerning the
plaintiff.
It simply means that the plaintiff, in establishing libel, must allege
sufficient facts to demonstrate the defamatory meaning of the defendants
false statement about the plaintiff.

Mary was not within the foreseeable zone of danger.

Blake used reasonable care in using the dynamite to tear down the old
factory buildings.
Marys heart attack was not the type of injury that makes blasting
abnormally dangerous.
Blake had warned Mary and all of the neighbors of his intent to use
dynamite at least two weeks in advance of the blasting operations

Kim was the owner of a vicious guard dog named Sampson whom she knows
has attacked persons in the past. To prevent Sampson from harming others, Kim
keeps the dog locked up in a pen containing a six-foot high fence. Yesterday,
Sampson jumped the fence and trotted peacefully down the street and ran into
Marcus causing Marcus to fall and break his ankle. If Marcus sues Kim on a
strict liability theory, the court will most likely find
(A)
(B)
(C)
(D)

for Marcus because at common law, the owner of a vicious dog is held
strictly liable for all injuries caused by her dog.
for Kim because Marcuss injuries were not the result of Sampsons
dangerous propensities
for Marcus because Kim was aware that Sampson had attacked persons
in the past.
for Kim because she acted reasonably in locking Sampson in the pen
containing the six-foot high fence.

12.

The Marshall Times, a newspaper, published an article about the conviction of a

bank robber. The paper has approximately 8 million subscribers. The article
noted that the conviction would have been impossible without the testimony of
Betty, a reformed criminal who was working now with the police. Betty had
continued to maintain friendly relations with many of her former criminal
colleagues and had used these connections to provide the police with crucial
evidence in its crime prevention. Although Betty often worked with the police in
providing evidence in several criminal cases, the Marshall Times knew that she
played no role in the conviction of the bank robber. Unfortunately for Betty,
several of her underworld acquaintances read the article and as a result, no
longer speak to her. Betty quickly lost her ability to aid the police and was
eventually fired resulting in the loss of significant income. If Betty sues for
defamation which of the following statements is/are the most accurate regarding
her lawsuit against the Marshall Times?
I.

Marshall Times will not be liable to Betty for defamation because

its false statement against Betty failed to result in injuring Bettys
reputation and respect in the community.

II.

Betty will be able to establish the common law elements for her
defamation action against the Marshall Times.

III.

Betty will prevail in her defamation action against the Marshall

Times only if, in addition to the elements for defamation, Betty can
establish either actual malice or Gertz negligence.

(A) I only.
(B) III only.
(C) II & III.
(D) All of the above.

13.

Kyle decided to get a tattoo on his right arm in celebration of his eighteenth
birthday. He went to Jims Tattoo Center on Fullerton for the procedure. While at
Jims, Sheila, an employee, explained the tattooing process. Sheila told Kyle that
tattooing involved the insertion of needles and ink into the skin and that the
procedure would be painful. After explaining the procedure, Kyle selected a
design and agreed to have Sheila perform the procedure. While performing the
tattooing, however, the needle broke off in Kyles arm causing severe pain and
requiring outpatient surgery for removal. The needles used by Jims Tattoo
Center were manufactured by AMS Medical Supplies. Evidence will show that
although the current metals used for the needles were in compliance with
industry standards, a new and stronger metallic material was available and if
used, it would not have broken during the tattooing. If Kyle sues AMS for his
injuries under a theory of strict liability, Kyle will most likely prevail under which of
the following defective product claims?
(A)
(B)
(C)
(D)

Warning Defect.
Design Defect.
Manufacturing Defect.
None of the above.

14.

Which of the following is an incorrect statement regarding strict liability in

products liability cases?
(A)
(B)
(C)
(D)

15.

Strict liability insures that the costs of injuries resulting from defective
products are borne by the manufacturers of such products rather than by
the injured persons who are powerless to protect themselves.
Strict liability in tort applies to all types of products including products that
are not used by human beings such as animal feed.
From its inception, strict liability was intended to make the manufacturer
or distributor of a product its insurer.
Strict liability in tort eases the burden of proof for a plaintiff injured by a
defective product by eliminating the requirement that the plaintiff prove
the manufacturers negligence.

Which of the following statements is the accurate regarding defamation actions

involving First Amendment considerations?
I.
II.
III.
(A)
(B)
(C)
(D)

16.

I only.
I and III.
I and II.
All of the above.

Which of the following is not a remedy to a plaintiff in a defamation action against

a media defendant?
(A)
(B)
(C)
(D)

17.

The plaintiff will have to demonstrate either actual malice or

negligence in order to prevail.
The plaintiff will have the burden of demonstrating falsity in
cases involving media defendants.
The defendant has the burden of demonstrating truth.

A preliminary injunction to prevent the defendant from publishing the

defamatory statement.
Compensatory and punitive damages.
Retraction of the defamation by the defendant.
Plaintiffs self-help.

Bill wanted to buy a new MP3 player so he purchased a copy of Consumer

Reports and began to read about the latest MP3 players, their attributes and
specifications. Consumer Reports indicated that Banana Inc. produced the very
best players for the money and that the Banana products would last a lifetime. It
also certified that it had done extensive testing on the Banana products.
Convinced that Banana Inc. produced the best players, Bill purchased a Banana
Shuffle (a product similar to the Apple iPod Shuffle mp3 players) at a local Best
Buy Store. Immediately after the expiration of the warranty date, Bills Banana
Shuffle player died. Relying on the statements made by Consumer Reports,
Bill saw no need for purchasing the extended warranty plan offered by Best Buy
for all of its products. If Bill sues Consumer Reports for negligent
misrepresentation, a court will most likely hold for

(A)
(B)
(C)
(D)

18.

Kelly, a nationally-syndicated talk show host, did a show on Bird Flu. After
hearing a distinguished panel of medical experts discuss that the virus was
generally transmitted by poultry, Kelly stated that poultry is dangerous and vowed
to never again eat Chicken or other poultry products. After watching the program
and hearing Kellys vow to never eat poultry products, a significant and loyal
group of Kellys viewers also stopped eating poultry products. John, a member
of the East Coast Poultry Farm Association (ECPFA), an association consisting
of 300,000 poultry farmers has sued Kelly for defamation on the grounds that he
has suffered pecuniary losses due to Kellys reckless statements regarding
poultry. Which of the following will not be a hurdle of concern for John in
establishing his defamation suit against Kelly?
(A)
(B)
(C)
(D)

19.

Consumer Reports because its statement and certification of the lifetime

of the Banana products was an opinion and not a statement of material
fact.
Bill because Bill relied on Consumer Reports statement and certification
of the lifetime of the Banana products and suffered pecuniary loss when
the Banana Shuffle died.
Consumer Reports because a magazine or book publisher is never liable
as an endorser or guarantor of the information and materials presented in
the publication.
Bill because the statement and certification by Consumer Reports of the
lifetime of the Banana products had the effect of representing to the
public that it possessed superior knowledge and special information
concerning the Banana products.

Establishing colloquium.
The size of the ECPFA.
Opinion.
Kellys status as a public figure.

Cindy obtained financing from Chase Bank for the purchase of a peanut farm in
the State of X. Several months ago, Cindy was unable to pay her monthly
mortgage and Chase Bank foreclosed on her farm and the equipment purchased
with the Chase loan. Due to Cindys default on the loan, Chase held an auction.
Mike, who had attended the auction, was successful in bidding on a tractor that
Cindy had purchased directly from Acme Farm Equipment Company. Shortly
after purchasing the tractor at the auction, Mike attempted to start the vehicle in
order to drive it home. Immediately after turning the ignition key, an explosion
occurred. Forensic experts have determined that the explosion was the result of
a manufacturing defect in the ignition switch. Mike was injured as a result of the
explosion. If Mike sues the auctioneer under a strict liability theory of recovery, a
court will most likely hold for:
(A)
(B)
(C)

Mike, because the auctioneer sold a defective product that proximately

caused Mikes injuries.
the auctioneer, because he was not a seller or distributor of the tractor.
Mike, because the auctioneer failed to properly inspect the tractor for
defects prior to the sale.

(D)
20.

On the Fourth of July, Tim decided to set off fireworks in his backyard during the
evening to show his loyalty to the USA. Tim lives in a small neighborhood with
several houses, buildings and trees. As Tim lit one of the fireworks, it soared
high into the air and exploded directly over his neighbor Mindys home.
Unfortunately, Mindys house caught fire and was severely damaged by the
sparks from the explosion. If Mindy sues Tim for strict liability, the court will hold
for:
(A)
(B)
(C)
(D)

21.

the auctioneer, because Mikes injuries were beyond those typically

covered under products liability law.

Tim because fireworks are common usage by citizens of the USA on the
4th of July.
Mindy because Tims lighting of a firework in his backyard d was
abnormally dangerous activity.
Tim if he can show that the firework was defective at the time that if left
the hands of the seller.
Mindy because Tims decision to light a firework in his backyard was
reckless when his house was located in an area containing several
houses, buildings and trees.

Arnie, a best-selling author, recently wrote and published his autobiography. In

several chapters of the book, Arnie specifically named Benjamin as one of his
best friends during childhood who was a child molester. Benjamin, who in fact,
was one of Arnies childhood friends had never molested a child or been accused
of child molestation. Benjamin has learned of the false statement in Arnies
autobiography and is outraged. If Benjamin sues Arnie for defamation, he will
have to plead which of the following in his complaint against Arnie?
I.
II.
III.
(A)
(B)
(C)
(D)

22.

The colloquium.
The inducement.
The innuendo.

I and II.
II only
III only.
None of the above.

Which of the following false statements would not be a matter of public concern
for First Amendment purposes?
(A)
(B)
(C)
(D)

A false statement that the plaintiff has ties to organized crime and has
used those ties to influence state legislators and senators serving on
Capitol Hill in Washington, D.C.
A false statement indicating that the plaintiff had committed perjury as a
witness in a murder trial.
A false statement indicating that plaintiffs medical records show that she
has HIV.
None of the above.

23.

Bonnie is the owner of Rocky, a stray cat that Bonnie found abandoned on a
local highway. Kathy, a door-to-door sales person, stops by to visit Bonnie in
order to sell a vacuum cleaner. During the visit, Kathy attempts to pet Rocky and
is bitten and attacked by the cat. Unfortunately, Bonnie had not yet taken Rocky
to a veterinarian for the appropriate vaccinations. For precautionary purposes,
Kathys doctor has recommended that Kathy undergo treatment for rabies.
Which of the following is the most accurate If Kathy decides to sue Bonnie under
a theory of strict liability for the costs of the rabies treatments?
(A)
(B)
(C)
(D)

24.

Terry, a landlord, recently sued Mark, his tenant, for failure to pay rent.
Unfortunately, due to the recent recession, Mark had been laid off from his last
job and was unable to keep up with his rent payments. Because Mark was
unable to settle the matter with Terry, the case proceeded to trial. Fortunately,
Mark was able to get a legal aid attorney to represent him at trial. During the trial,
Mark took the witness stand. The courtroom was filled with the judge, the
attorneys, and many spectators. When Marks attorney asked him what he
thought about his landlord Terry, Mark quickly responded by yelling Terry is a
cheat and a slum lord! The statement was false. Terry had never cheated any of
his tenants and Terrys apartments have always received high ratings when
inspected by the city health and building inspectors. If Terry sues Mark for
defamation for Marks statement, Terry will:
(A)
(B)
(C)
(D)

25.

Kathy should prevail only if Bonnie was aware that Rocky might bite or
injure someone.
Kathy should not prevail because an action in her favor would be contrary
to the prevailing and legitimate public policy of encouraging pet
ownership.
Kathy should prevail because under common law, owners of dogs and
cats were absolutely liable for injuries to others caused by their pets.
Kathy should not prevail because house-hold cats are not considered
wild animals and therefore, owners of cats cannot be strictly liable for
injuries to others caused by their pets.

prevail because under the circumstances, Marks statement was slander

per se.
not prevail because under the circumstances, the statement was
absolutely privileged.
prevail because under the circumstances, the statement was published
and injuries can be presumed.
not prevail because under the circumstances, the statement was only
conditionally privileged.

During November, Kim decided to purchase a 2013 Honda Turbo Snowmobile

which she planned to use during a Thanksgiving vacation in Aspen. A few days
after her purchase, Honda announced over national television and radio stations
and the Internet, that several users of the Honda Turbo Snowmobile had
experienced instances of brake failure due to a dangerous condition in the
manufacturing and installation of the brake fluid tubes for the 2013 Honda Turbo
Snowmobile. Honda requested that all purchasers return the snowmobile to a
local Honda dealership for repair at no expense to the purchasers.
Unfortunately, the announcement by Honda aired while Kim was outside riding

and enjoying her new snowmobile. As Kim drove the snowmobile, she decided
to text a friend. While texting, Kim failed to see that she was quickly approaching
a large pine tree. Kim looked up from texting just in time to see a tree which was
only several yards away. Kim immediately hit the brakes but the brakes failed
and Kim crashed into the tree. An expert will testify that the brake failure on Kims
snowmobile was due to the dangerous condition in the manufacturing and
installation of the snowmobiles brake fluid tubes. If Kim sues Honda for injuries
based on the theory of strict liability, a court will hold for
(A)
(B)
(C)
(D)
26.

Last week, Patsy, a local restaurant critic, attended the grand opening of The
Boiler Plate, a swank new restaurant in the City of Omaha. Patsy ordered a
steak and a glass of wine and a salad. At the end of the evening, Patsy paid her
bill and went home where she wrote out a review of the restaurant. The review
was published in the local newspaper. Unfortunately for the restaurant, Patsy
gave it a flat D rating stating that the steak was so bad that she would not
serve it to her dog. The Boiler Plate has decided to sue Patsy for defamation.
Which of the following statements is accurate?

(A)
(B)
(C)

(D)
27.

Kim, because the brakes of her snowmobile, at the time of the vehicles
manufacture, were in a dangerous condition that caused the brakes to fail
just before her snowmobile crashed into the tree.
Honda, because Kim was negligent when she decided to text while
driving and her act of texting caused her injuries.
Kim, unless she could have discovered the dangerous condition of the
brakes of her snowmobile before she crashed into the tree.
Honda, because Honda had alerted the public of the dangerous condition
of the snowmobiles brakes in its public announcement.

I.

The Boiler Plate restaurant is a private figure for defamation

purposes.

II.

In addition to the common law elements for defamation, the Boiler

Plate will have to establish either the N.Y. Times or Gertz fault
standards in order to prevail

III.

Patsys review of the food at the Boiler Plate is absolutely

privileged under the First Amendment.

I only.
II only.
III only.
Neither I, II nor III.

Which of the following is inaccurate concerning secondary publishers under the

common law?
(A)
(B)

Secondary publishers included vendors or distributors of newspapers,

magazines, or books.
Secondary publishers were held strictly liable for false and defamatory
statements contained in books sold by the secondary publisher.

10

(C)
(D)
28.

Patrick, an employee at a local lumber company, was injured while operating the
A-51 model of a saw that was manufactured by Acme Inc. Patrick was in the
lumber cutting area of the company which was responsible for cutting sheets of
plywood into specific sizes to meet customer demands and orders. The A-51
model contained a guard plate cover over the blade of the saw. The cover was
designed to protect the fingers of a person operating the saw from coming into
contact with the blades. Patrick had worked in the lumber cutting area for more
than 10 years and had used the A-51 model with the guard plate on numerous
occasions without incident. On the day of the injury, however, the A-51 saws
guard cover was missing. Nevertheless, Patrick, who was aware that the guard
plate was missing, needed to quickly fill a customer order for plywood.
Unfortunately, as he was cutting the wood, his hand came into contact with the
saws un-covered blades which resulted in the loss of two of his fingers. Assume
that Acme was aware of the possible injuries that could occur by operating the A51 saw without the proper guard plate and included a brief warning against the
use of the product without the guard plate cover in its packaging materials.
Patrick has sued Acme, Inc., the manufacturer of the saw, alleging that the saw
was defective and unreasonably dangerous because of the lack of the guard
plate, and that the warning given for the proper operation of the saw was
inadequate. Under these facts, which of the following would be Acmes best
defense against Patricks products liability action?
(A)
(B)
(C)
(D)

29.

Internet Providers were treated as secondary publishers for defamation

purposes.
Neither A, B, nor C.

Assumption of the risk.

Misuse of the product.
Implied consent.
None of the above.

Jack, an insurance agent for State Farm Insurance, stopped working for the
company and opened his own insurance business. Cindy, a current client of
Jacks told Jack that a State Farm district manager had stated to her that Jack
was selling insurance policies that were no good and that Jack was "pocketing"
money from the sale of those policies. The statements were false. Jack has
received 25 30 additional calls from other former clients who have confirmed
that the manager made similar statements to them. Unfortunately, one of Jacks
current clients has changed agents after hearing the untrue statements that Jack
had pocketed monies from the sale of the policies. Jack is worried about the
effect of these statements on his business. If Jack decides to sue the State Farm
district manager for the untruthful statements, he should prevail under with of the
following torts?
I.
II.
III.
(A)
(B)
(C)

Misrepresentation
Slander per se.
Libel

I only.
I and II.
II only.

11

(D)
30.

All of the above.

Pearl is a landlord who owned and rented a townhouse to Mary. Prior to Marys
move-in, Pearl installed and concealed a listening and recording device in the
master bedroom of the townhouse. The device was connected to Pearls home
by wiring that was capable of transmitting and recording all sounds and voices
that originated in the master bedroom and was hidden. When discussing the
home with Pearl, Mary repeatedly told Pearl that she valued her privacy and
loved the home because it was located in a nice and secluded area. Pearl did
not respond to Marys comments about privacy but had hoped that Mary would
rent the townhouse. Soon afterwards, Mary agreed to rent the townhouse from
Pearl. Sometime after moving in, Mary discovered the listening and recording
device installed in the master bedroom. Upon discovering the device, Mary
suffered severe emotional distress. She is currently seeing a psychiatrist for
therapy on a weekly basis as a result of extreme paranoia due to Pearls invasion
of Marys privacy. If Mary sues Pearl for misrepresentation based on a theory of
concealment, Mary will:
(A)
(B)
(C)
(D)

prevail because Pearls electronic eavesdropping was criminal.

lose as long as Pearl has not published any information about Mary that
Pearl obtains through the listening and recording device.
prevail because Marys privacy was a significant factor in her decision to
move into the townhouse and she has experienced special damages as a
result of her decision to move into the townhouse.
lose because Pearl was the lawful owner of the townhome that was
rented to Mary.

Answers:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

B
B
B
C
C
A
C
A
B
C
B

12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.

C
B
C
C
A
D
D
B
B
D
C

23.
24.
25.
26.
27.
28.
29.
30.

12

A
B
A
B
B
A
B
C