PAR 102 – The main difference between trespass to chattels and conversion

PAR 102 – The main difference between trespass to chattels and conversion

PAR 102 – The main difference between trespass to chattels and conversion

Subject: Business    / Management
Question

The main difference between trespass to chattels and conversion can be best described as which of the following?
a) Conversion includes the taking and keeping of property.
b) Conversion is an injunction.
c) Trespass to chattels includes the taking and keeping of property.
d) a and c.
e) None of the above.
Which evidence can be used to establish standard of care?
a) Consent
b) Expert testimony
c) Statutes and regulations
d) Both b and c.

Under vicarious liability, which of these can alter the liability of the principal?
a) The time of day the tort occurred
b) The intention of the agent
c) Whether the agent took a frolic or detour
d) a and c.

In which of the following situations must a plaintiff prove damages?
a) Assault and battery
b) Auto accident
c) Trespass
d) b and c
e) None of the above.

Defamation can be
oral.
written.
per se.
per quod.
All of the above.

Malicious prosecution differs from false arrest in which of the following ways?
a) Malicious prosecution involves the false detention of another.
b) Malicious prosecution is a contract tort.
c) Malicious prosecution involves the wrongful prosecution of a criminal or civil case.
d) a and c.
e) All of the above.

14 of 30
Factors that are not considered when computing a property damage claim include
cost of repair.
depreciation.
loss of use.
zone of danger.
All of the above.

Question

15 of 30
Abuse of process occurs when
a person is improperly served with a court summons.
a person is improperly served with a citation.
a person is improperly served with a subpoena.
the legal process is misused to accomplish an end other than what the process intended.
All of the above.

Question

16 of 30
The test to determine whether a defamatory statement is constitutionally protected under the First Amendment is whether
the plaintiff was damaged.
the statement contains malice.
the statement is an assertion of fact.
the statement is highly offensive to a reasonable person.
All of the above.

Question

17 of 30
Proximate cause
a) helps the courts draw the line on unlimited tortious behavior.
b) is a cause that is legally sufficient to result in liability and that without which the event would not have occurred.
c) is a duty to foresee every possible risk.
d) a and b.

Invasions of privacy torts are rooted in
common law.
statutes.
tort law.
state law.
None of the above.

Question

11 of 30
Nuisances in tort law do not include which of the following?
a) A toxic waste dump
b) A school field in the middle of a neighborhood that never turns off its bright lights
c) A car accident
d) a and b.
e) None of the above.

Question

12 of 30
Negligence can also be called
a reasonable behavior.
blameworthy conduct.
res ipsa loquitur.
foreseeability.

Pure comparative negligence is when a plaintiff’s damages are reduced in proportion to his negligence. In contrast, modified comparative negligence is when
a) an event occurred before an initial event.
b) foreseeability is always a question for the court.
c) a plaintiff’s negligence does not exceed 50%.
d) b and c.
e) None of the above.

Reasonable care does not include
personal obligations.
proximate cause.
a duty to foresee every possible risk.
the quality of being anticipatable.
All of the above.

Which of the following statements is false?
A child is never considered a trespasser.
The law of torts gives special consideration to children.
A landowner’s duties toward a child look similar to an adult’s responsibilities toward minors.
A nuisance is an offensive condition that interferes with a person’s use of property.
All of the above.

Question

2 of 30
The link between a breach of obligation and injury is called
assumption of risk.
causation.
blameworthiness.
linkage.
None of the above.