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Cards In This Set
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To determine whether a duty of care has been breached, a judge asks how he or she would have acted in the same circumstances. T or F?
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False- how a REASONABLE person would have acted (reasonable person standard)
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Negligent misrepresentation doesnt require an intent to defraud
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True
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A defamatory statement must be communicated to a thrid party to be actionable
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True
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Puffery is fraud
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False- puffery is seller's opinion. Fraud is based on misrepresentation of fact
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Depriving an owner of personal property without permission and without just cause, to place it in anothers service, is conversion
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True
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Conversion is wrongfully taking or retaining an individuals personal property and placing it in the service of another
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True
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Disparagement of property is another term for appropriation
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False-disparagement of property is slander of quality or slander of title
appropriation is using someones name, characteristic etc without permission for personal benefit
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Bona fide competitive behavior can constitute wrongful interference with a contractual relationship
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False-Bona fide is okay even if it is breaking a contract or other business relation
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An internet service provider is not normally liable for its user's defamatory remarks
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True
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A wrongful act need not actually be the cause of an injury for liability on a theory of negligence,
*elements of negligence
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False- one of negligence required to establish negligence is injury/damage. Think "but for" the wrongful act, the injury would have never occured.
*4 elements- duty, breech,causation, damages
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