1. Which of the following statements is correct regarding intentional torts?

• Punitive damages are available
• Many intentional torts are also criminal violations
• Their occurrence is rarely something insurance will cover because of public policy considerations
• All the above

2. Acme Lumber Yard hires Fred Flame, who has a prior conviction for arson. Shortly after starting with Acme, small fires breakout in Acmes facility in places where Fred has access. Acme investigates, and the two of Flames coworkers falsely report to Acme management that Flame started the fires. Acting in good faith and without any other evidence to the contrary, except Flame's denials, Acme terminates Flame, who later applies for work at standard lumberyard. Standard phones Acme asking why Flame left Acme and Acme states Flame was terminated for starting fires. Flame does not get the job and sues Acme for defamation.

Based on the information in the scenario, which of the following statements are correct?

• The type of defamation involved her is libel
• Acme will be liable to Flame for defamation, because its statement about Flame starting the fires was false and damaged his reputation
• Acme will not be liable, because of the conditional former employee privilege
• Acme will not be liable to Flame in defamation, because former employers now have an absolute privilege to give job references.

3. TV's famous "French Chef", Julia Ewets, opens a gourmet restaurant in Chicago's fashionable North End, featuring her dishes. Frank Flab, the famous restaurant reviewer for the Metro Bee, samples the cuisine and writes in his next restaurant review:

"The premises is over-decorated - it looks as glitzy as a 19th Century French whorehouse. The practice of displaying the food mummified in plastic wrap is strictly bush league, and when it gets down to the cuisine itself - don't think "French Chef" - think French Prison Chef. No wonder Ms. Ewets filed bankruptcy this week"

Based on the information in the scenario, which of the following statements clearly constitutes a defamatory statement?

• The entire statement, from how the restaurant looks to the bankruptcy assertion
• The statement about the bankruptcy - whether it is true or not, because it will affect Ms. Ewets business and trade
• The statement about the bankruptcy, if its false
• None of the above

4. On the tonight show, comic Fred Swift performs a comic routine that includes a perfect impression of a world-famous opera singer, Othello Opus. In Fred's act, he pokes fun at the singer's famous appetite and resulting suit size, in part stating" I am so big now, even the big-and-tall stores can't put a suit around me, so I'm looking into tents..." As it turns out, Opus has been contacted by a leading weight-loss products company, and intends to begin losing weight soon so he can advertise for the company. Opus contacts Swift, demanding he stop his routine. Swift refuses, and Opus sues.

Based on the information in the scenario, which of the following statements is correct?

• Opus has a good case for interference with contract
• Opus has a good case for invasion of privacy, because Swift is doing a perfect impression.
• Opus has a good case for defamation of character
• None of the Above

5. Despite warnings from your own real estate agent and all of your friends, you decide to purchase the house right next door to the infamous Smith Family. The Smiths are known for wild parties and for damaging the property of adjacent neighbors. Sure enough, the first weekend after you move in, the Smiths have a wild party at their house with 300 people. The noise and smoke find their way into your house, preventing you from sleeping. Later, the Smiths teenage son takes your car for a joy ride, returning it six hours later. Most traumatically, the older Smith's brothers decide to see who can be the fastest in chopping down a pine tree standing in the Smiths back yard, which they do, causing tree to crash across your fence and into your pool.

Based on the information in the scenario, which if any intentional torts have you suffered?

• Trespass to real property
• Trespass to personal property
• Nuisance
• All of the above have been suffered by you under the facts stated above

6. Alice attended a rock concert put on by Acme promotions, which owned the building where the concert was held. On the back of her ticket was a statement saying "the holder of this ticket releases Acme Promotions from any and all liability, claims, or damages of any kind suffered or arising from this concert". During the concert, Alice was injured when a group of drunken and angry rock fans threw flashlight batteries and small rocks toward the stage because the group playing would not play their songs. Some of the objects fell short of the stage, striking Alice, Alice sues Acme, and Acme defends, based on the statements on her ticket.

Based on the facts in the scenario, which following is statements are correct?

• Such release-type statements as the shown on the ticket are never enforceable, so Alice will win her suit.
• Because she voluntarily attended the concert, she clearly assumed the risk of any injury
• Statements like these are construed narrowly by the courts, and Alice may have a good argument that she did not assume this type of risk.
• Statements like these are favored by the courts and automatically and conclusively establish assumption of the risk, so Alice cannot recover in this case.

7. Clem Customer shops for a used car at Acme Auto. Sam Sleaze - Acme's high-pressure top seller - shows Clem a used late-model sporty car. The car has no factory warranty, but extends a 30-day written warranty for major equipment, such as engine and transmission. The warranty excludes all other warranties, express or implied. Prior to purchasing the car, Clem asks Sleaze about the car, Sleaze responds, "It's a great car, good as new, and a real beauty." One day after the 30-day warranty expires; the engine and transmission completely break down. Clem sues, based on upon fraud.

Based on the information in the scenario, which statement presents the best defense for Acme?

• The car is out of warranty
• There was no representation of fact concerning the car's condition
• The condition of the engine and transmission was likely not material to purchase
• All of the above are equally good defense

8. Hour-Made Orange Juice and Farmer Smith, both merchants in the orange business, have a long-term written contract for the sale of oranges; the agree price is $200 per carload, 150 carloads per month. After five months, Farmer Smith writes to Hour-made, stating, "Our transportation and labor costs have increased significantly; we will not continue to ship unless you agree to pay $220 per carload".

Based on the information in the scenario, what is the legal course of action for either merchant?

• Farmer Smith has a preexisting duty to provide oranges at $200 per carload
• Farmer Smith is in a breach of his contract, unless Hour-Made agrees to the contract modification he is requesting
• Hour-Made does not have to accept Smith's demanded price modification, but if it does decide to, no additional consideration is required to support it
• All of the above

9. Ethel, a bed-ridden 80 year-old widow, is highly dependent upon he neighborhood doctor and court-approved fiduciary, Nich Needle, to ease her pain and suffering and generally take care of her affairs. While acting as fiduciary, somehow Nick obtains the deed to Ethel's house. Ethel's children are furious and seek to set the deed aside.

What is the most likely defense to assert to avoid the agreement Ethel made to convey the property to Nick?

• Unilateral mistake
• Fraud
• Undue influence
• Unconscionability

10. Fred's business is way overdue in paying Ethel for delivery and acceptance of goods. Ethel call Fred, stating " if you do not pay up today, I'll sue you in civil court for the debt you owe me - now, pay up or sign this promissory note for the balance." Fred pleads with Ethel to give him a little more time to raise the money and complete a sales promotion to net the funds, but Ethel sternly refuses. Fred finally signs a promissory note to Ethel for the balance, but later seeks to avoid the note.

Based on the information in the scenario, which of the statements best describes the likely outcome of Ethel's threat of civil prosecution?

• Made the note voidable due to unconscionability
• Creates the defense of duress
• Does not create the defense of duress, and her threat of suit was within her rights as a creditor
• Constitutes abuse of process