Here are 30 multiple-choice questions, in a Multistate Bar Exam style. These questions are taken from “The Finz Multistate Method,” a compendium of 1100 questions in the Multistate subjects written by the late Professor Steven Finz and published by Wolters Kluwer. To learn more about this book and other study aids, go to www.WKLegaledu.com.
1. Prescott, who owned an appliance repair shop, was at a cocktail party when he saw Dresden, one of his competitors. Approaching Dresden, Prescott said, “I’m glad to run into you. I was hoping that we could discuss the possibility of going into partnership instead of competing with each other.” Dresden responded, “I wouldn’t go into business with you because you’re the most incompetent person I’ve ever known.”Audit, a customer of Prescott’s, overheard the conversation. As a result, the following day, Audit cancelled a contract which she had with Prescott.
If Prescott asserts a claim against Dresden for defamation, Prescott will be successful if
(A) Dresden knew or should have known that the statement was defamatory when he made it.
(B) Dresden knew or should have known that the statement was false when he made it.
(C) Dresden knew or should have known that the statement would be overheard when he made it.
(D) Dresden knew or should have known that harm would result from the statement.
2. Preston purchased a box labeled “Generic Breakfast Cereal” from Riteway Supermarket. While he was eating it, he broke a tooth on a stone which the product contained. The product sold by Riteway and labeled “Generic Breakfast Cereal” is furnished by three different companies: Acme, Birdco, and Cullen. Each sells an approximately equal quantity to Riteway. In addition, all package their product in identical wrappers, so that it is impossible to tell which of them furnished any given box of breakfast cereal. Although the companies compete with each other, at Riteway’s request they worked together to design the product wrapper.