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21-Errol works for Food Packing Company. Errols supervisor Gwen writes a negative review of Errols performance. Gwen believes the statements are true, and limits their

21-Errol works for Food Packing Company. Errols supervisor Gwen writes a negative review of Errols performance. Gwen believes the statements are true, and limits their communication to the firms management. In a tort action for defamation, Gwen can most likely assert as a successful defense

a.

privilege.

b.

none of the choices.

c.

contempt.

d.

malice.

22-Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for

a.

none of the choices.

b.

conversion.

c.

wrongful interference with a business relationship.

d.

appropriation.

23-Buddys Burgers advertises so effectively that the regular customers of its competitor Slimys Sliders patronize Buddys instead of Slimys. This is

a.

none of the choices.

b.

wrongful interference with a business relationship.

c.

wrongful interference with a contractual relationship.

d.

conversion.

24-Dylan applies for a position with Electrical Works LLC. Dylans previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is

a.

defamation.

b.

not defamation because the review was not published.

c.

not defamation because Dylan was not employed by Electrical Works.

d.

not defamation because Dylan was employed by Federal Circuits.

25-Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for

a.

nonmonetary aspects of the harm suffered, such as loss of reputation.

b.

the defendant's reckless disregard of the effect on the life of another.

c.

all of the choices.

d.

monetary losses, such as lost wages and benefits.

26-Mai is struck and injured when the brakes fail on Novis all-terrain vehicle (ATV), which is damaged in the collision. Off-Road Inc. sold the ATV to Novi. Under product liability laws, Off-Road could be liable to

a.

none of the parties.

b.

Mai and Novi.

c.

Novi, but not Mai.

d.

Mai, but not Novi.

27-EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

a.

that the feed caused her damage.

b.

how the feed became poisoned.

c.

all of the choices.

d.

why the feed was poisoned.

28-Motor Corporation (MC) makes cars and trucks. National Sales Company sells all MC vehicles. Open Road Inc. leases only the cars. Under product liability laws, liability for injuries or damage caused by an MC vehicle may be imposed on

a.

MC or National Sales only.

b.

MC only.

c.

none of the parties.

d.

MC, National Sales, or Open Road.

29-Cold Play Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, Cold Play may be liable to

a.

Esty only.

b.

Dale only.

c.

Dale and Esty.

d.

none of the parties.

30-Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

a.

Excavation is a corporation.

b.

the activity is extremely risky.

c.

the activity is inherently negligent.

d.

the amount of liability can be added to the costs of construction.

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