Business Law Chapter 5 Quiz

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​_____ relieves medical professionals from liability for​ _____ negligence when they stop and render aid to victims in emergency situations.

A Good Samaritan​ law; ordinary

​_____ is a defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Assumption of the risk

​_____ is a doctrine that says that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.

Contributory negligence

​_____ is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the​ situation, and the plaintiff would not have suffered injury but for​ someone's negligence.

Res ipsa loquitur

​_____ cause is also called causation in fact.

actual

_____ is the threat of immediate harm or offensive​ contact, or any action that arouses reasonable apprehension of imminent harm

assault

The​ _____ doctrine is a special tort rule that imposes liability on a landowner to children who have trespassed onto his or her property with the intent to play on a hazard and are killed or injured while doing so.

attractive nuisance

​_____ is unauthorized and harmful or offensive physical contact with another person that causes injury.

battery

Which of the following is NOT a recognized term for a false statement about a​ competitor's products,​ services, property, or business​ reputation?

comercial denunciation

The general test of proximate cause is​ _____.

foreseeability

​_____ negligence is a doctrine that says that a person is liable for harm that is caused by his or her willful misconduct or reckless​ behavior; in such a​ case, punitive damages​ _____ allowed.

gross, are

Which of the following is NOT a required element of a negligence​ lawsuit?

intent

Which of the following torts is also referred to as the tort of​ outrage?

intentional infliction of emotional distress

Which of the following are the three categories of​ torts?

intentional​ torts, negligence, and strict liability

A false statement that appears in writing or other fixed medium is​ _____, while an oral defamatory statement is​ _____.

libel, slander

The violation of a statute that proximately causes an injury is​ _____.

negligence per se

The doctrine of unintentional tort is commonly referred to as​ _____ negligence.

ordinary

The law recognizes each​ person's right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of invasion of the right to​ _____.

privacy

Merchant protection statutes are also known as the​ shopkeeper's _____.

priviledge

​_____ cause is also called legal cause.

proximate

Misappropriation of the right to​ _____ is an attempt by another person to appropriate a living​ person's name or identity for commercial purposes.

publicity

Which of the following is NOT an element required to prove​ disparagement?

the defendant made the statement without intent to injure the plaintiff

Which of the following is NOT a required element of​ fraud?

the wrongdoer was a casual​ (i., a​ non-merchant) seller

Under the​ _____ intent​ doctrine, the law transfers the​ perpetrator's intent from the target to the actual victim of the act.

transferred

Tort is the French word for a​ _____.

wrong


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