Business Law - Exam 2: Chapter 6

Which of the following is a defense to a negligence claim? A. Self-defense B. Assumption of risk C. Truth D. Defense of property

Assumption of risk

Eve is injured when she slips and falls in Finest Discount Warehouse. Eve files a suit against Finest for $50,000. Under a "pure" comparative negligence rule, Eve could recover damages from Finest: A. only if Eve and Finest were equally at fault. B. only if Eve was more at fault than Finest. C. whether Eve was less, more, or equally at fault. D. only if Eve was less at fault than Finest.

whether Eve was less, more, or equally at fault

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent, under the "50 percent rule" comparative negligence principles, Oliver would recover: A. $0. B. $400,000. C. $500,000. D. $250,000.

$400,000

Those who enter retail premises are called business __________. Storeowners must warn business invitees of __________ risks. A landowner has a duty to discover and remove any __________ dangers to customers or other invitees. When risks are __________, owners need not warn of them.

1. Invitees 2. Hidden 3. Obvious

Invasion of privacy is publishing or otherwise making known or using information relating to a person's ________ life and affairs, with which the public has no legitimate concern, without that person's ___________ or approval.

1. Private 2. Permission

Defamation (libel or ________) consists of a false statement of fact, not made under __________, that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual _______.

1. Slander 2. Privilege 3. Malice

In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under: A. any circumstances B. a social host statute C. no circumstances D. a Good Samaritan statute

A Good Samaritan statute

Which of the following has nothing to do with false imprisonment? A. A person is made fearful of unwanted and possibly harmful contact with another person. B. Intentional confinement or restraint of another person's activities without justification. C. An interference with the freedom to move without constraint.

A person is made fearful of unwanted and possible harmful contact with another person

Toni files a suit against Universal Media Corporation for defamation. Actual malice must be shown for recovery of damages if Toni is: A. a corporate officer. B. a private individual. C. a public figure. D. a non-employee.

A public figure

Lola files a suit against Mac, a medical doctor, alleging negligence. As a physician, Mac is held to the standard of: A. an average human being. B. a reasonable physician. C. a typical professional. D. a reasonable person.

A reasonable physician

Which of the following is NOT slander per se? A. A statement that another has committed improprieties while engaging in a business, profession, or trade B. A statement that another has committed or has been imprisoned for a serious crime C. A statement that another has a loathsome disease (such as sexually transmitted diseases or mental illness) D. A statement that another has engaged in a sexual affair while married

A statement that another has engaged in a sexual affair while married

An unforeseeable intervening event may break the causal connection between the wrongful act and an injury to another. If so, the intervening event acts as a(n): A. Assumption of risk. B. Contributory negligence. C. Comparative negligence. D. A superseding cause.

A superseding cause

Contributory Negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. No matter how insignificant the plaintiff's negligence was relative to the defendant's negligence, the plaintiff is precluded from recovering any damages.

Comparative Negligence (comparative fault)

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent - including the injured party, on the basis of each person's proportionate negligence

Defenses that a defendant can use to avoid liability in a negligence case, even if the facts are as the plaintiff states, are called: A. Affirmative defenses. B. Contributory defenses. C. Positive defenses. D. Agreeable defenses.

Affirmative defenses

The purpose of tort law, generally, is to provide remedies for the invasion of various protected interests, such as: A. physical security and freedom of movement. B. destruction of property. C. damage to property. D. All of these choices.

All of these choices

Brad picks up a baseball bat and threatens to hit Donte with it. Donte escapes before Brad can carry out his threat. Brad's conduct constitutes: A. a battery. B. actual malice. C. an assault. D. a defamation.

An assault

Negligence is classified as: A. An intentional tort B. A punitive tort C. An indefensible tort D. An unintentional tort

An unintentional tort

Assault

Any unintentional and unexcused threat of immediate harmful or offensive contact

Ace Corporation uses, in its radio ads, a recording by Blair, who owns the rights, without paying for the use. Over time, the song comes to be associated with Ace's products. Blair sues Ace. Ace is liable to Blair for: A. Appropriation. B. Conversion. C. Wrongful interference with a contractual relationship. D. None of these choices.

Appropriation

Mario is a professional race car driver. He breaks a leg in a crash on the track. If Mario sues the track for negligence, the track can defend against Mario's claim by asserting: A. Superseding cause B. Duty of case C. Privilege D. Assumption of risk

Assumption of risk

Punitive Damages

Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing

A person who engages in unexcused and harmful or offensive physical contact against someone else has committed: A. battery. B. false imprisonment. C. assault. D. conversion.

Battery

Dale hears Ed falsely accuse Flo of stealing from Great Warehouse, Inc., their employer. Ed is liable for defamation: A. because Dale heard the statement. B. only if Ed's statement is also published in the Dispatch, a local paper. Ed is liable for defamation because Dale heard the statement. C. only if Flo suffers emotional distress. Ed is liable for defamation because Dale heard the statement. D. only if Ed made the statement loudly.

Because Dale heard the statement

Punitive damages to plaintiffs in tort actions are limited: A. only if intentional tort actions are involved. B. only when negligence lawsuits are involved. C. only if both gross negligence and intentional tort action are involved. D. by due process mandated in the Constitution.

By due process mandated in the Constitution

The "but for" test can usually determine the existence of: A. A duty of care B. Causation in fact C. Comparative negligence D. A superseding cause

Causation in fact

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the: A. cause in fact. B. proximate cause. C. superseding cause. D. intervening cause.

Cause in fact

A standard that enables both the plaintiff's and the defendant's negligence to be computed and the liability for damages distributed accordingly is called: A. assumption of risk. B. contributory negligence. C. comparative negligence. D. a superseding cause.

Comparative negligence

Pat files a successful suit against Quality Stores based on Quality's negligence. Normally, an award in such a suit consists of: A. comparative damages. B. contributory damages. C. punitive damages. D. compensatory damages.

Compensatory damages

To protect its customers and other business invitees, Supreme Retail Corporation must warn them of: A. all dangers. B. concealed dangers. C. open dangers. D. no dangers.

Concealed dangers

If you are a victim of false imprisonment, you are: A. made fearful of an unwanted contact with another person. B. confined or restrained by another person intentionally and without justification. C. intentionally bad-mouthed by another person. D. touched by another person in an unwanted or offensive way.

Confined or restrained by another person intentionally and without justification

Under previous law, a plaintiff who was also negligent could not recover anything from the defendant. This defense is called: A. assumption of risk. B. contributory negligence. C. comparative negligence. D. a superseding cause.

Contributory negligence

Special damages compensate the plaintiff for things such as: A. Costs of repairing damaged property. B. Impairment of physical capacity. C. Loss of companionship. D. Emotional pain and suffering.

Costs of repairing damaged property

Caleb is driving a car in which Dotty is a passenger when an accident occurs. Caleb and Dotty are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dotty on a negligence theory because: A. both parties were emotionally rattled. B. Dotty must have been comparatively negligent. C. Dotty was not injured. D. Caleb did not apparently intend to cause an accident.

Dotty was not injured

Roberto was seriously injured when his car was struck by Ivan, who had been drinking in the Bad Biker Bar and was drunk. Roberto can sue Ivan for his injuries, but can also sue the owner of Bad Biker bar under the state: A. dram shop act. B. malpractice statute. C. reasonable person standard. D. Good Samaritan statute.

Dram shop act

An assumption of risk defense does not require knowledge of the risk.

False

An attorney's conduct is judged by the reasonable person standard.

False

Assumption of the risk applies only to participants in sporting activities, not to spectators.

False

Because an intentional tort requires intent, a harmful motive is required.

False

The basic purpose of tort law is to punish criminal wrongdoers.

False

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

False

There are no legally recognized defenses in a tort lawsuit.

False

You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages.

False

Jill is much stronger than Jack and stares at him in a menacing way. One day she tells Jack that she is going to beat him if she ever sees him again. Several hours later she sees Jack coming out of his house and proceeds to punch him in the face. Jack will probably bring a lawsuit against Jill:

For assault and battery, because there was both a threat and a harmful action

Steps toward tort reform in the federal government and a number of states include all of the following except: a. limiting the amount of both punitive damages and general damages that can be awarded b. capping the amount that attorneys can collect in contingency fees c. increasing the burden of proof in negligence cases d. requiring the losing party to pay both the plaintiff's and the defendant's expenses

Increasing the burden of proof in negligence cases

If Sal sends Max a high-priority e-mail message telling Max that his wife has just died, when in fact Sal knows this is untrue, Max may be able to sue Sal for: A. infliction of emotional distress. B. violations of the First Amendment. Max may be able to sue Sal for infliction of emotional distress. C. battery. Max may be able to sue Sal for infliction of emotional distress. D. libel. Max may be able to sue Sal for infliction of emotional distress.

Infliction of emotional distress

General Damages

Intended to compensate individuals (but not companies) for the nonmonetary aspects of the harm suffered from a tort, such as pain and suffering

Compensatory Damages

Intended to compensate or reimburse a plaintiff for actual losses

Special Damages

Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses

Which of the following is NOT an element of negligence? A. Intent B. Duty C. Damages D. Causation E. Breach

Intent

Joe could not recover for the intentional infliction of emotional distress if his neighbor, Mike, sent him a text message saying that Joe's mother was killed in a car accident if: A. Mike knew it was untrue. B. Mike was not upset. C. Joe knew it was untrue. D. Joe was upset.

Joe knew it was untrue

Dun & Bradstreet, a large credit-reporting agency, sent a computerized letter to its subscribers that included the false statement that Arthur Greenmoss had filed for bankruptcy. Greenmoss was a well-known businessman who was also on the Vermont state legislature and was running for governor. Greenmoss subsequently filed a lawsuit against Dun & Bradstreet for libel. Dun & Bradstreet claimed that it had not acted with malice because an employee had included the statement in the letter without verifying its accuracy. Under the common law of Vermont, malice may be shown "by conduct showing reckless or wanton disregard" for the truth. In this situation, the court most likely also concluded that Dun & Bradstreet was: A. liable for defamation, because the statement in the publication was false. B. not liable for defamation, because the statement was not published. C. not liable for defamation, because the statement in the publication was false. D. liable for defamation, because the statement in the publication was false and malicious.

Liable for defamation, because the statement in the publication was false and malicious

If a dentist violates his or her duty of care to you by negligently cracking two of your teeth, you may be able to sue the dentist for: A. Malpractice B. Trespass C. Puffery D. Appropriation

Malpractice

General damages do not include damages for: A. Pain and suffering B. Medical expenses C. Loss of physical activity D. Loss of reputation

Medical expenses

Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc., unreasonably violated its standard duty of care? A. Yes, if Cooktop placed no warnings about the possibility of being burned. B. No, if Cooktop disclaimed all liability for accidents. C. No, because stoves get hot and some people get burned when they are careless.

No, because stoves get hot and some people get burned when they are careless

Jenna was home alone at about 10:30 pm, when she heard someone trying to come through the front door. She quickly grabbed a frying pan, and stood behind the door. As soon as the intruder opened the door, Jenna whacked him with the frying pan, then called the police. The intruder was charged in criminal court with breaking and entering, but he sued Jenna in civil court for assault and battery claiming he was injured when she hit him with the frying pan. Will he win? Why or why not? A. Yes, he will win because Jenna hit him with the frying pan. B. No, he will not win, since Jenna was acting in self-defense. C. No, he will not win, because everyone has the right to hit intruders. D. Yes, he will win as to battery, but not as to assault, because he did not see her with the frying pan before she hit him, and so could not be afraid.

No, he will not win, since Jenna was acting in self-defense

Which of the following is NOT an element of the tort wrongful interference with a contractual relationship? A. A third party must be aware that the contract exists. B. A third party must intentionally cause one of the parties to break the contract. C. A valid, enforceable contract must exist between two parties. D. None of these

None of these

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks: A. attributable to the triathlon in any way. B. greater than the risks normally associated with the triathlon. C. normally associated with the triathlon. D. different from the risks normally associated with the triathlon.

Normally associated with the triathlon

David Jordon, a ten-year-old boy, purchased a plastic toboggan-like sled from K-Mart. He went sledding, lost control of the sled, hit a tree, and was injured. David's parents filed a negligence lawsuit in a state court against K-Mart, alleging that the store should not have sold this type of sled to a young boy because it was difficult to steer and had no brakes, making it unreasonably dangerous. K-Mart contended that sledding is an inherently dangerous activity and that David assumed the risks involved when he voluntarily went sledding. The court probably found that K-Mart was: A. not liable, because David's injuries were unforeseeable. B. liable, because David did not know the risks of sledding. C. liable, because sledding is unreasonable. D. not liable, because David assumed the risks of sledding.

Not liable, because David assumed the risks of sledding

Precision Crafted Tools, Inc., makes tools for consumers and construction professionals. While using a Precision Crafted tool to replace an electrical fixture, Quinn neglects to shut off the power and is electrocuted. Quinn's heirs file a suit against Precision Crafted. In a contributory negligence jurisdiction, the plaintiffs could recover: A. Only if both parties were equally at fault B. Only if Precision Crafted was more than 51% at fault C. Nothing D. Only if Quinn was less than 50% at fault

Nothing

Kit carelessly bumps into Luke, knocking him to the ground. Kit has committed the tort of negligence: A. only if Luke is injured. B. under any circumstances. C. under no circumstances. D. only if Luke is not injured.

Only if Luke is injured

Will enters the Xtreme Decathlon, an athletic competition, an event in which Will has competed before. Regarding the risk of injury, Will assumes: A. all of the risks associated with the event. B. only the risks different from those normally associated with the event. C. only the risks greater than those normally associated with the event. D. only the risks normally associated with the event.

Only the risks normally associated with the event

Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as: A. ordinary persons. B. other professionals, including doctors, dentists, and lawyers. C. those injured in the collapse of the bridge. D. other engineers.

Other engineers

The basic purpose of tort law is to: A. provide remedies for the invasion of protected interests. B. ensure that Congress does not overstep its legal authority. C. make sure that citizens follow appropriate immigration regulations. D. punish criminal wrongdoers.

Provide remedies for the invasion of protected interests

In tort actions, plaintiffs may seek two kinds of damages: A. Compensatory and special B. Punitive and compensatory C. Punitive and special D. Compensatory and general

Punitive and compensatory

Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she: A. discloses the truth B. states an opinion concerning something that she knows nothing about C. uses puffery D. represents as a fact something that she knows is untrue

Represents as a fact something that she knows is untrue

Suzanne was riding her bicycle along the Riverwalk Trail, and bumped into Jayne, who was jogging on the trail. Jayne was not injured, but was absolutely furious with Suzanne because she acted so carelessly. If Jayne brings a negligence lawsuit against Suzanne: A. Suzanne will win. B. Jayne will win if she has adequate evidence that Suzanne did not act as a reasonable person would under the circumstances. C. Jayne will win if she can prove that Suzanne intended to hit her with the bicycle. D. Jayne will win.

Suzanne will win

Abrhianna went with her aunt to a Travelers baseball game. They had great seats, right on the first baseline. During the third inning, a foul ball struck Abrhianna in the face, severely damaging her right eye. Abrhianna sues the baseball stadium owners, and they raise the defense of assumption of the risk. The court is likely to rule: A. that assumption of the risk does not apply, because Abrhianna is not a participant in the ballgame. B. that assumption of the risk applies, because a spectator at a baseball game is normally aware of the danger of foul balls. C. that assumption of the risk applies, but Abrhianna will nevertheless win the lawsuit because she can prove her damages. D. that assumption of the risk does not apply, because it is not common knowledge that foul balls can enter the stands.

That assumption of the risk applies, because a spectator at a baseball game is normally aware of the danger of foul balls.

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is: A. neither the causation in fact nor the proximate cause of the injury. B. only the proximate cause of the injury. C. the causation in fact and the proximate cause of the injury. D. only the causation in fact of the injury.

The causation in fact and the proximate cause of the injruy

To prove negligence, the plaintiff must show all of the following EXCEPT: A. The defendant breached a duty of care owed to the plaintiff. B. The defendant owed no duty of care to the plaintiff. C. The defendant's breach of a duty of care owed to the plaintiff caused the plaintiff's injury. D. The plaintiff suffered a legally recognizable injury.

The defendant owed no duty of care to the plaintiff

Which of the following is not an element of fraudulent misrepresentation? A. The misrepresentation of opinions B. Justifiable reliance by the deceived party C. An intent to induce another to rely on the misrepresentation D. Damage suffered as a result of the reliance

The misrepresentation of opinions

At Sea Food Cafe, Tom believes that he was overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove was a battery. Tom is liable if: A. Sea Food did not overcharge Tom. B. Tom acted out of malice. C. Wally did not wait on Tom. D. the shove was offensive.

The shove was offensive

Dru tells his Excel Company coworkers that Fiona, Excel's office manager, is stealing from their employer. The statement is defamatory only if: A. a coworker believes it. B. the statement is true. C. the statement is false. D. Fiona feels as if she were falsely imprisoned.

The statement is false

A person who commits a tort is known as a:

Tortfeasor

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.

True

Punitive damages are intended to punish a wrongdoer and deter others.

True

The purpose of tort law is to provide remedies when various protected interests have been invaded.

True

Tort law provides legal remedies for property damage.

True

Torts may be classified broadly into two categories: A. punitive and compensatory. B. egregious and punitive. C. egregious and intentional. D. unintentional and intentional.

Unintentional and intentional

Which of the following are the two broad classifications of torts?

Unintentional torts & Intentional torts

Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted: A. unrealistically B. unrecognizably C. unreliably D. unreasonably

Unreasonably

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina: A. Did not actually shoplift B. Has probable cause to leave the premises C. Was detained for an unreasonably long time D. Had not shoplifted in the past

Was detained for an unreasonably long time

Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? A. Was there causation in fact? B. Was there proximate cause? C. Was there intent to cause?

Was there intent to cause?

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart's employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely: A. lose, because Bargain Mart's employees were not aware of the spill. B. win, because Bargain Mart can recover from the soda bottler. C. win, because the spilled soda was foreseeable. D. lose, because Cody should have exercised more care.

Win, because the spilled soda was foreseeable

Tort is the French word for: A. Pie B. Late C. Wrong D. Court

Wrong

Acme Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Acme may be liable for: A. Appropriation. B. Wrongful interference with a business relationship. C. Wrongful interference with a contractual relationship. D. None of these choices.

Wrongful interference with a business relationship

The two notions that serve as the basis of all torts are: A. damages and suffering. B. injury and suffering. C. wrongs and compensation. D. none of these choices.

Wrongs and compensation

Battery

an unexcused and harmful or offensive physical contact intentionally performed

Jerry says something that surprises Elaine. She pushes him shouting, "Come on!" He falls backward against a piece of furniture and breaks an arm. A tortious act has: A. not been committed because she didn't have an evil motive. B. been committed. C. not been committed because she did it in fun. D. not been committed because she didn't intend to harm him.

been committed

Lehigh Corp. was a real estate developer. The corporation brought prospective customers to its development, Lehigh Acres, and provided accommodations at its company-owned motel. Lehigh was very successful and entered into many contracts with buyers. Chris Azar, a real estate agent, pursued the purchasers as they entered Lehigh's motel. He then persuaded many of them to cancel their contracts with Lehigh and purchase less expensive property from him. Lehigh filed a lawsuit against Azar claiming that Azar was wrongfully interfering with its contractual relationships. Lehigh sought an injunction to prevent Azar from continuing this behavior. Azar contended that he was merely providing Lehigh's customers with an opportunity to obtain comparable property at lower prices. The court most likely: A. granted the injunction, because Azar was wrongfully interfering with Lehigh's contracts with its customers. B. did not grant the injunction, because Azar's behavior was permissible bona fide competition. C. did not grant the injunction, because Azar's contracts were invalid. D. granted the injunction, because Lehigh's contracts were invalid.

granted the injunction, because Azar was wrongfully interfering with Lehigh's contracts with its customers.

A statute of limitations: A. limits the amount of damages that the plaintiff can recover in a tort lawsuit. B. limits the time period during which a plaintiff can successfully file a tort lawsuit against a defendant. C. limits the number of tort lawsuits that a plaintiff can file in his or her lifetime. D. limits the number of plaintiffs who can sue a defendant in a tort lawsuit.

limits the time period during which a plaintiff can successfully file a tort lawsuit against a defendant