Exam 2 8 9 33 34
3. Set forth the options of an injured third party when a principal is found liable for a misrepresentation made by an agent. The third party has the following two options: 1. The third party can cancel the contract with the principal and be compensated for any money lost. 2. The third party can affirm the contract and sue the principal to recover damages.
2. The third party can affirm the contract and sue the principal to recover damages. p. 807
Bob who has a large trust fund is angry at Alex because she stop dating him Alice ran a successful dog grooming shop or Bob decided to open a dog grooming shop next-door Soli to run her out of business because he was angry over the break up which of the following is correct? A Bob has committed the tort of unfair competition B Bob has committed the tort of interference with contract C Bob has committed the tort of unfair competition and also the tort of interference with contract D Bob has not committed any tort
A Bob has committed the tort of unfair competition
Which of the following is a torch? OK. A civil or criminal action in state court be. A civil or criminal action in state or federal court see. A wrong or injury to another other than a breach of contract. D. A wrong or injury to another including a breach of contract
A wrong or injury to another other than a breach of contract
9. Under which of the following does a principal give an agent broad authority to sign legal documents on behalf of the principal? A. A general power of attorney B. A specific order of authority C. A localized legal empowerment D. A recognized power of order
A. A general power of attorney p. 775-776
Which of the following are elements of causation? A. Actual cause and proximate cause. B. Actual cause and significant cause. C. Actual cause and clear cause. D. Proximate cause and significant cause.
A. Actual cause and proximate cause.
Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time? A forcible detention B false imprisonment C qualified imprisonment D Contained detention
B false imprisonment
Which of the following are common classifications of torts? A. Intentional negligent and criminal B intentional criminal and strict liability C intentional negligent and strict liability D Criminal negligence and strict liability
C intentional negligent and strict liability
What claim would William have against the net for taking the lawn chair A Trespass to property B conversion C private nuisance D negligence
B conversion
Which of the following towards seek to compensate people wrongfully subjected to litigation? A malicious prosecution, wrongful civil proceedings and abuse of process B wrongful civil proceedings but not malicious prosecution or abuse of process C abuse of process but not malicious prosecution or wrongful civil proceedings D malicious prosecution and wrongful civil proceedings but not abuse of process
A Malicious prosecution wrong for civil proceedings and abuse of process
Which of the following is true regarding the intent needed for an intentional tort? A. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another B. The intent at issue is not intent to harm but, rather is intent to engage in a specific act, which ultimately resulted in a physical injury to another. Economic injury is insufficient C. The intent at issue is intent to harm that results in an injury, physical or economic , to another D. The intent at issue is intent to harm that results and physical injury to another. Economic injury is insufficient
A The intent at issue is not intent to harm but rather is intent to engage in a specific act which ultimately resulted in injury physical or economic to another
Which of the following would constitute The privacy tort of false light? A attributing characteristics or benefits to a person that here she does not possess B disclosing private facts about a person in order to obtain some sort of personal gain C defaming a person with actual malice D Defaming a public figure for personal gain
A attributing characteristics or benefits to a person that he or she does not possess
11. Which of the following is true regarding the duty that a business owes to customers? A. A business owes no duty to its customers other than to sell safe products. B. A business owes an absolute duty to keep its customers safe and is strictly liable for any harm. C. A business only owes a minimal duty toward customers. D. A business has a duty of care to protect their customers against foreseeable risks about which the owner knew or reasonably should have known.
A business has a duty of care to protect their customers against foreseeable risks about which the owner knew or reasonably should have known. p. 229
Which of the following is deformation of a business product or service? A Disparagement B interference with contract C conversion D derogation
A disparagement
What action would William have against the net for taking the rake A trespass to property B conversion C private nuisance D harassment
A trespass to property
Mike, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Mike is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Mike did not reveal that information to the group of divers going with him because in his experience, as soon as customers hear of even a hint of danger, they refuse to pay and go on the trip. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him. Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress. Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to assist them, but in the process, he pulls his back and requires medical care. All divers return to the boat and are very unhappy with Mike. 21. Billy, the diver who had damaged equipment because of the shark incident wants to sue Mike for damages. Which of the following is the most likely result? A. Billy will win because Mike should have warned him about the occasional appearance of sharks. B. Billy will lose because Mike had no duty to warn him of anything. C. Billy will lose because he did not sustain physical injury. D. Billy will win only if he can establish that he had a contract with Mike whereby Mike agreed to reveal harmful conditions.
A. Billy will win because Mike should have warned him about the occasional appearance of sharks.
Which of the following is true regarding whether Bobby is liable to Susie for the cost of the book if Susie pays Gwen the purchase price? A. Bobby is liable to Susie for the cost of the book. B. Bobby is liable to Susie for the cost of the book only if Susie had Bobby sign a document affirming his liability before Susie paid Gwen. C. Bobby is liable to Susie only if she resells the book and is unable to recover as much as she paid for it. D. Bobby is not liable to Susie for the cost of the book.
A. Bobby is liable to Susie for the cost of the book. p. 801
15. Which of the following is true regarding the liability in tort of employers for the actions of employees and independent contractors? A. Employers are generally liable in tort for the actions of their employees, while they are generally not liable for the actions of independent contractors. B. Employers are generally liable in tort for the actions of independent contractors, while they are generally not liable for the actions of employees. C. Employers are not generally liable in tort for the actions of independent contractors or the actions of employees. D. Employers are generally liable in tort for the actions of independent contractors and for the actions of employees.
A. Employers are generally liable in tort for the actions of their employees, while they are generally not liable for the actions of independent contractors. p. 781
7. When parties form an agency relationship by making a written or oral agreement, the agency is known as a[n] ____. A. Expressed agency B. Implied agency C. Apparent agency D. Ratification
A. Expressed agency p
Which of the following is false regarding classification of principals? A. If the third party is aware of the principal's existence but not his or her identity, the principal is classified as a disclosed principal. B. When the third party is aware that the agent is making an agreement on behalf of a principal and also knows who the principal is, the principal is a disclosed principal. C. An unidentified principal is in the same classification as a partially disclosed principal. D. If the third party does not know that an agent is acting on behalf of a principal, an undisclosed principal is involved.
A. If the third party is aware of the principal's existence but not his or her identity, the principal is classified as a disclosed principal.
. Which of the following is the most likely result if Pam, the wholesaler jeweler, sues Paul for the price of the pearls? A. Pam will win assuming that she can prove that she reasonably believed, based on Paul's conduct, that Jane was acting as his agent. B. Pam will lose because it was her responsibility to ask Paul for written documentation that Jane was his agent. C. Pam will lose unless it can be established that Jane at some time in the past had actual authority to act as Paul's agent. D. Pam will win only if she can show that Jane has no assets with which to pay for the necklace.
A. Pam will win assuming that she can prove that she reasonably believed, based on Paul's conduct, that Jane was acting as his agent.
25. Which of the following is the most likely result if Harry sues Paul for the price of the jacket? A. Paul will win because he did nothing to cause Harry to believe that he would pay for the jacket. B. Harry will win because Jane indicated that she had apparent authority to buy the jacket for Paul. C. Harry will win on an implied agency theory. D. Harry will win only if he can show that Jane has no assets with which to pay for the jacket.
A. Paul will win because he did nothing to cause Harry to believe that he would pay for the jacket. p
The ________ standard is a measurement of the way members of society expect an individual to act in a given situation. A. Reasonable person B. Above-average person C. Without error D. Perfect accountability
A. Reasonable person p. 228
14. Which of the following is true regarding criteria needed for creation of the agency relationship? A. The agency must be created for a lawful purpose, and the person hiring an agent must have contractual capacity. B. The agency must be created for an equitable as well as a lawful purpose, and the person hiring an agent must have contractual capacity. C. The agency must be created for a business and lawful purpose, and the person hiring an agent must have contractual capacity. D. The agency must be created for a lawful purpose; and, although there is no requirement that the person hiring an agent have capacity, the person acting as an agent must have contractual capacity.
A. The agency must be created for a lawful purpose, and the person hiring an agent must have contractual capacity. p
13. When an employee commits a tort within the scope of the agency, which of the following is true regarding liability of a principal who controls the employee's behavior? A. The employer is liable. B. The employer is not liable because as a matter of public policy, a person is singularly liable for his or her torts. C. In order to give the employer a chance to evaluate the employee, the employer is liable only if the employee has worked for the employer for at least thirty days. D. In order to give the employer a chance to evaluate the employee, the employer is liable only if the employee has worked for the employer for at least six months.
A. The employer is liable. p. 804
Which of the following would constitute false imprisonment? A threatening to use immediate physical force to detain someone refusing release property and physicals restraint such as trying someone to A chair but not moral pressure B Threatening to use immediate physical force to detain someone physical restraint such as tying someone to a chair and moral pressure but not refusing to release property C physical restraint such as tying someone to a chair but not threatening to use immediate physical force to detain someone refusing to release property or moral pressure D threatening to use immediate physical force to detain someone refusing to release property physical restraint such as tying someone to a chair and moral pressure
A. Threatening to use immediate physical force to detain someone refusing to release property and physical restraint such as tying someone to a chair but not moral pressure
The primary type of damages in tort law is referred to as A punitive damages B Compensatory damages C nominal damages D accrual damages
B compensatory damages
Which of the following is true regarding the apprehension necessary for the tort of assault? A.Apprehension and fear are the same thing B. A person may be in apprehension of physical harm even if the same person is too courageous to be afraid of that physical harm C. Actual injury is necessary for valid apprehension to be proven D. The test for assault involve subjective apprehension not reasonable apprehension
B. A person may be in apprehension of physical harm even if the same person is to create just to be afraid of that physical harm
10. Under which of the following does a principal give authority to an agent only for the specific areas or purposes listed in the agency agreement? A. An exact order of authority B. A specific power of attorney C. An exact legal empowerment D. A specific power of order
B. A specific power of attorney
Which of the following may an agent demand if the agent believes that he or she is not being properly compensated? A. Specific performance B. An accounting C. A contractual audit D. A contractual documentation
B. An accounting p. 790
18. Which of the following is true regarding the status of an agent as a fiduciary? A. Although the principal is a fiduciary, an agent is not a fiduciary. B. An agent is a fiduciary to the principal. C. An agent is a fiduciary only if the principal and agent agreed by written or oral contract that the agent is a fiduciary. D. An agent is only a fiduciary to the principal only if a transaction in excess of $10,000 is involved.
B. An agent is a fiduciary to the principal. p
Which of the following is a term for a person who contracts with another to do something for the other person, but is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking? A. An employee B. An independent contractor C. An authorized contractor D. A task-specific contractor
B. An independent contractor
20. Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused? A. Last-clear-chance doctrine. B. Assumption of the risk doctrine. C. Contributory negligence doctrine. D. Negligence per se.
B. Assumption of the risk doctrine
11. An employee's significant deviation from the employer's business is often referred to as a _______. A. Spree of his own choosing B. Frolic of his own C. Leisure against direction D. Pleasure seeking spree
B. Frolic of his own p. 804
21. Which of the following refers to the right of a principal to sue an agent to recover any amount assessed against the principal for a breach of contract caused by the agent's negligence? A. Reformation B. Indemnification C. Reimbursement D. Contribution
B. Indemnification p.
Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs? A. Res ipsa loquitur. B. Negligence per se. C. Statutory shop act. D. Comparative negligence.
B. Negligence per se.
16. The doctrine of ______ applies in the context of the principal/employer- agent/employee relationship in relation to liability of the principal/employer for acts of the agent/employee. A. Superior respondeat B. Respondeat superior C. Stare decisis D. Res superior
B. Respondeat superior p. 804
21. Which of the following is true regarding whether Susie is personally bound on the contract with Gwen? A. Susie is not personally bound because she was acting on behalf of Bobby. B. Susie is personally bound. C. Susie is personally bound unless she can establish that Bobby has the funds with which to pay Gwen. D. Susie is not personally bound unless Bobby is legally insolvent.
B. Susie is personally bound. p. 801
10. Tina negligently hits student Susie with her car. Which of the following is true? A. Tina has no duty to come to the aid of Susie. B. Tina has a duty to come to the aid of Susie because she negligently hit her. C. Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time. D. Tina has a duty to come to the aid of Susie only if no one else is willing to do so.
B. Tina has a duty to come to the aid of Susie because she negligently hit her. p. 229
Bobby needs a business law book and Gwen has one for sale. Bobby asks Susie to buy it for him from Gwen if Susie can get it for under $40. Susie sees Gwen and asks if she will sell the book for $30, and Gwen agrees. Susie does not mention that the book is for Bobby. Later, Polly agrees to give Bobby her used business law book for free. Bobby tells Susie that he no longer wants the book from Gwen. Susie tells Gwen about the situation with Bobby. Gwen replies that she does not care if Bobby wants the book, she passed up a couple of opportunities to sell the book because she thought she already had it sold. She wants her money and doesn't care who pays. 20. What type of principal is Bobby? A. Disclosed B. Undisclosed C. Partially disclosed D. Unidentified
B. Undisclosed p. 800
Mike gets angry because been made a better grade on the test then he did they get into an argument and Mike takes a swinger been intending to head and then shelves Mike in order to avoid the blow which of the following is true regarding Ben's actions A. Benn has committed a battery B. Benn has committed both an assault and battery C. Benn has not committed and assault or battery because he acted in self-defense D Benn cannot rely on self-defense because he was involved in the argument and not completely innocent
C Benn has not committed and assault or battery because he acted in self-defense
Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed A negligent infliction of emotional distress B intentional infliction of strict liability distress C intentional infliction of emotional distress D reckless invasion of solitude
C intentional infliction of emotional distress
Annette is angry because her neighbor William allows his dog to chase her cat she moves a number of farm animals into her backyard and begins playing music at all hours of the night she also steals a nice lawnchair off Williams deck she intends to keep the chair and not give it back Annette further took a rake off Williams deck that she plans to return after she finishes raking her leaves William did not give her permission to take the rake or the chair Which of the following would be the most appropriate cause of action if any against Annette based upon the farm animals and the music A trespass to property B harassment C private nuisance d no cause of action is appropriate because Annette is entitled to use her property as she sees fit
C private nuisance
Blank damages are damages awarded to punish the defendant and to deter others from similar conduct A nominal B compensatory C punitive D retaliatory
C punitive
3. Which of the following is sometimes referred to as "but for" causation? A. Proximate cause. B. Significant cause. C. Actual cause. D. Legal cause.
C. Actual cause. p.
Which of the following types of agency occurs when a principal leads a third party to believe another individual serves as his or her agent, but the principal has actually made no agreement with the so-called agent? A. Expressed agency B. Implied agency C. Apparent agency D. Ratification
C. Apparent agency p.
An agent cannot represent both the principal and a third party in an agreement because there could be a ______. A. Consortium B. Disagreement C. Conflict of interest D. Delineation of interest
C. Conflict of interest
A ______ trust is an equitable trust imposed on one who wrongfully obtains or holds legal right to property he or she should not possess. A. Resolute B. Actual C. Constructive D. Defined
C. Constructive
When a principal is classified as a[n] ______ principal, a third party is aware that an agent is making an agreement on behalf of a principal, and the third party also knows the identity of the principal. A. Acknowledged B. Permitted C. Disclosed D. Revealed
C. Disclosed p. 800
. A ______ is a written document, created by a principal, expressing his or her wishes for an agent's authority not to be affected by the principal's subsequent incapacity. A. General purpose order of authority B. Living legal empowerment C. Durable power of attorney D. Lasting power of authority
C. Durable power of attorney p. 776
Which of the following is a person who has a duty to act primarily for another person's benefit? A. Principal B. Employer C. Fiduciary D. Trustor
C. Fiduciary
14. In most states, proximate cause is determined by _______. A. Actual cause B. Common law C. Foreseeability D. But-for causation
C. Foreseeability p. 231
15. Which of the following is true regarding an agent's liability when the agent commits a tort while acting as an agent for a principal? A. The agent is personally liable only if the agent was on a mission for an unidentified principal. B. The agent is personally liable only if the agent was on a mission for an identified principal or a partially disclosed principal. C. The agent is liable regardless of the classification of the principal or the liability of the principal. D. The agent is not liable if the principal is liable.
C. The agent is liable regardless of the classification of the principal or the liability of the principal. p. 803
17. Which of the following is false regarding the duties a principal owes to an agent? A. The principal owes a duty of cooperation to the agent. B. The principal must assist the agent in the performance of his or her duties. C. The duty of reimbursement applies to employees only, not to independent contractors. D. The principal has a duty to provide safe working conditions for an agent.
C. The duty of reimbursement applies to employees only, not to independent contractors. p. 785
12. Which of the following is true regarding liability of a principal if a contract an agent makes with a third party expressly excludes the principal from the contract? A. The principal is liable on the contract only if the principal is a partially disclosed principal. B. The principal is liable on the contract only if the principal is an unidentified principal. C. The principal is not liable on the contract. D. The principal is liable on the contract unless the principal gave the agent authority in writing to make the agreement with the third party.
C. The principal is not liable on the contract. p. 801
While making a delivery, Barry, a delivery driver for XYZ Company, went through the drive through at a local restaurant to get a cup of coffee and bumped into the car in front of him doing some damage to the car's bumper. Which of the following is true regarding the liability of XYZ Company for the damage to the car? A. As a matter of law, XYZ Company is not liable because Barry was acting on his own behalf. B. As a matter of law, XYZ Company is not liable because only property damage is involved. C. Whether or not XYZ Company is liable depends on whether Barry's acts are seen as substantial departure from his work. D. As a matter of law, XYZ Company is liable because a company is liable for any torts committed by an employee during working hours.
C. Whether or not XYZ Company is liable depends on whether Barry's acts are seen as substantial departure from his work. p. 804
Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation? A politicians but not entertainers are generally considered to be public figures B entertainers but not politicians are generally considered to be public figures C small businesses owners and politicians but not entertainers are generally considered to be public figures D politicians and entertainers but not small business owners are generally considered to be public figures
D politicians and entertainers but not small business owners are generally considered to be public figures
A false statement of material facts regarding ownership of business property that results in a loss of sales is referred to as a A slender of quality B trade libel C libel of title D slander of title
D slander of title
Which of the following may a person accused of defamation raise as a defense? A truth but not privilege B privilege but not truth C need and truth D truth and privilege
D truth and privilege
7. In Doe v. Uber Technologies, Inc. the case in the text in which two victims sued Uber Technologies alleging separate sexual assaults on rides they received from Uber drivers and whether or not those drivers were employees or independent contractors. The court held that: A) That Uber drivers are independent contractors who do not hold the same status as an employee for purposes of vicarious liability. B) That the assault occurred outside the scope of employment so that Uber was allowed to dismiss the case. C) That although the assault did not occur within the scope of the driver's employment, Uber was vicariously liable for the act because the assault was criminal nature. D) For the purpose of surviving a motion to dismiss, plaintiffs had plausibly alleged that the Uber drivers were acting within the scope of employment when they assaulted plaintiffs.
D) For the purpose of surviving a motion to dismiss, plaintiffs had plausibly alleged that the Uber drivers were acting within the scope of employment when they assaulted plaintiffs. p. 804
18. Which of the following is false regarding the relationship between a principal and an independent contractor? A. An independent contractor is not an employee of the principal. B. The principal does not control the details of the independent contractor's performance. C. An individual who hires an independent contractor cannot be held liable for the independent contractor's tortious actions under the doctrine of respondeat superior. D. A principal is not liable for damages caused to third parties by extremely dangerous actions engaged in by the independent contractor
D. A principal is not liable for damages caused to third parties by extremely dangerous actions engaged in by the independent contractor.
6. Which of the following is true regarding the form of authority upon which an agency relationship may be created? A. Agency relationships can be created through expressed agency, but not through implied authority, apparent agency, or through ratification. B. Agency relationships can be created through expressed agency or through implied authority, but not through apparent agency or through ratification. C. Agency relationships can be created through ratification, but not through implied authority, apparent agency, or expressed authority. D. Agency relationships can be created through expressed agency, implied authority, apparent agency, and ratification.
D. Agency relationships can be created through expressed agency, implied authority, apparent agency, and ratification. p.
Paul, who runs a retail jewelry store, went with Jane, to whom he was engaged to be married, to a wholesale jewelry store. Paul had no express, written agreement with Jane by which she was his agent. The wholesaler jeweler, Pam, asked Paul if Jane was buying for him. Paul did not want to embarrass Jane so he nodded in agreement. A few minutes later Paul whispered to Jane, outside the hearing of the wholesaler, that she should not make any purchases. Paul and Jane had a big disagreement over money that evening, and Jane broke off their engagement. The next day Jane went back to the wholesale jeweler and purchased a string of pearls for $2,000. Jane also purchased a fur jacket for $3,000 from a store, owned by Harry, which was next door to the jewelry store. She told Harry that Paul wanted a fur jacket for a model in his store and that Paul would be glad to pay Harry for the jacket. 23. What type of agency, if any, did Jane have to act on behalf of Paul as far as Pam is concerned? A. No type of agency was in effect because, in fact, Jane was not Paul's agent. B. An express agency. C. An implied agency. D. An apparent agency.
D. An apparent agency. p
Which of the following is true if there is no agreement between a principal and an agent regarding the amount for which the principal will compensate the agent? A. It will be assumed that the agent agreed to work for free on a gratuitous basis. B. The agent will be allowed to set the price which will be enforced unless it is unconscionable. C. The principal will be allowed to set the price which will be enforced unless it is unconscionable. D. Compensation will be calculated according to the customary fee in the situation.
D. Compensation will be calculated according to the customary fee in the situation. p. 785
Which of the following must a plaintiff prove to win a negligence case? A. Duty, breach of duty, and causation, but not damages. B. Breach of duty only. C. Duty and causation only. D. Duty, breach of duty, causation, and damages.
D. Duty, breach of duty, causation, and damages. p
Courts usually award punitive damages in cases in which the offender has committed ______. A. A tort directly involving negligence per se B. Strict liability offense C. A res ipsa loquitur offense D. Gross negligence
D. Gross negligence p
Which of the following is true regarding whether Mike is liable for the injuries Sam sustained in coming to the rescue of the divers in distress? A. Mike is not liable for Sam's injuries because Sam had no legal duty to come to the aid of the other divers. B. Mike is not liable for Sam's injuries because Sam assumed the risk of harm. C. Mike is not liable for Sam's injuries because the shark attack constituted a superseding cause of the injuries. D. Mike is liable for Sam's injuries under the danger invites rescue doctrine.
D. Mike is liable for Sam's injuries under the danger invites rescue doctrine. p. 236
8. Which of the following is a document that gives an agent authority to sign legal documents on behalf of the principal? A. Order of authority B. Power of order C. Legal empowerment D. Power of attorney
D. Power of attorney
Which of the following was the result on appeal in In re Estate of Kurrelmeyer, the case in the text in which the decedent's son sued the wife of the decedent alleging that in violation of the power of attorney that she held, she invalidly transferred the decedent's home into a trust? A. That because no extrinsic evidence existed to clarify the meaning of the power of attorney, the transfer was invalid. B. That because no extrinsic evidence existed to clarify the meaning of the power of attorney, the transfer was valid. C. That because the power of attorney did not specifically give the wife the power to transfer property into the trust, the transfer was invalid. D. That based on extrinsic evidence showing the decedent's intent, the power of attorney included the power to transfer the property.
D. That based on extrinsic evidence showing the decedent's intent, the power of attorney included the power to transfer the property. p. 799
Which of the following must the defendant prove in order to rely upon the defense of contributory negligence? A. Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm. B. Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury. C. Only that the plaintiff violated the last-clear-chance doctrine. D. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
D. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
Which of the following is true if a third party comes to know of an undisclosed principal's identity and obtains a judgment against the principal? A. The agent remains liable to the third party. B. The agent remains liable to the third party unless the dispute involves an amount less than $1,000 in which case the agent is released. C. The agent remains liable to the third party unless the dispute involves an amount less than $500 in which case the agent is released. D. The agent is released from liability to the third party.
D. The agent is released from liability to the third party.
Assuming res ipsa loquitur is established, what is the effect of that doctrine? A. It requires a finding of negligence. B. It prohibits a finding of negligence. C. The burden of proof shifts to the plaintiff. D. The burden of proof shifts to the defendant.
D. The burden of proof shifts to the defendant. p
14. Which of the following is true if an agent has no authority to act on behalf of a principal, but the agent still enters into a contract with a third party? A. The principal is bound only if the principal is a disclosed principal. B. The principal is bound only if the principal is an unidentified principal. C. The principal is bound only if the principal is a partially disclosed principal. D. The principal is not bound unless the principal ratifies the agreement.
D. The principal is not bound unless the principal ratifies the agreement.
Which of the following was the result in Larry S. Lawrence v. Bainbridge Apartments, the case in the text in which the window washer argued that he was entitled to recover against the building owner for his injuries in a fall? A. The window washer was entitled to workers' compensation as an employee. B. The window washer was entitled to a recovery in tort based on the inherently dangerous activity at issue and the defendant's failure to take sufficient precautions. C. The window washer was not entitled to recover because he took insufficient precautions for his own safety. D. The window washer was entitled to no recovery based on his status as an independent contractor.
D. The window washer was entitled to no recovery based on his status as an independent contractor. p. 808
Defense of property cannot be a defense to a claim of battery
False
Assume Bob, who had no notice of any heart problem, is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true? A. The student can recover upon a showing of injury. Nothing else is required. B. The student may recover only if the student can show that the student was in the marked crosswalk. C. It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care. D. The student can recover in an action for negligence only if it can be shown that Bob had insurance.
It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.
Billy and Susie are annoyed that Mike did not come to their assistance. Which is true regarding Mike's duty to provide assistance during the dive? A. Mike had no duty to provide any assistance to them. B. Mike had a duty to come to their aid because he arranged the dive and was charging them. C. Mike had a duty to come to their assistance only if he had specifically agreed to do so prior to the dive. D. Mike had a duty to come to their assistance only if no one else did so.
Mike had a duty to come to their aid because he arranged the dive and was charging them. p. 229
Which of the following is true regarding whether Wendy and Sam had a duty to come to the assistance of the divers in peril? A. Neither Wendy nor Sam had a duty to go to the aid of the divers who were in peril. B. Wendy and Sam had a duty to go to the aid of the divers in peril only if Mike refused to do so. C. Wendy and Sam did not have a duty to go to the aid of the divers in peril unless they were the first to see the problem. D. Wendy and Sam had a duty to assist the divers in peril only if they were acquainted prior to the dive with the divers who were in peril. They had no duty to help strangers.
Neither Wendy nor Sam had a duty to go to the aid of the divers who were in peril. p. 228
While driving her car down the street, Susan sees a child playing near the road with no adult around. Which of the following is true? A. Because the law holds that every U.S. citizen holds the duty to help a stranger in peril, she must come to the child's assistance. B. She must come to the child's assistance only because a child is involved. C. She has no duty to render assistance to the child. D. She must render assistance to the child only if she can do so without peril to herself.
She has no duty to render assistance to the child. p
When would a defendant use the doctrine of res ipsa loquitur? A. To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed. B. To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. C. To allow the judge and jury to presume the plaintiff is guilty of contributory negligence. D. To allow the judge to hold the defendant liable under a strict liability theory
To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed. p. 233
Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists
True
Tort last is primarily state law
True
privilege is an affirmative defense in a defamation action
True
A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court. True False
false
Agency law is primarily federal law. True False
false
Agents who go beyond their authority when the principal is disclosed or partially disclosed are liable to third parties for breach of contract, not breach of implied warranty. True False
false
All employees are agents of their employers, and all agents are employees. True False
false
The law assumes that the principal is only aware of information actually provided to the principal by the agent. True False
false
The courts generally hold that landowners have a duty to protect individuals on their property. True False
tru
A special type of express agent authority is known as a power of attorney. True False
true
If an agent breaches duties owed to the principal, the principal can sue the agent; and the principal may be entitled to a variety of contract and tort remedies beyond those stated in the contract between the principal and agent. True False
true
In order to terminate a principal's responsibility, actual notice of agency termination must be given to third parties who have had business interactions with the agent. True False
true
In some situations, the law specifies the duty of care one individual owes to another. True False
true
Strict liability is liability without fault. True False
true
To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. True False
true
