BLAW Exam 2 Study Questions

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake. Which of the following is true?

Mark does not have any duty to help the girl unless he begins to rescue her and increases her danger.

Claims of unequal pay for jobs that are different or work that is different, but deemed to be of 'comparable worth' to the employer may be brought under:

NOT The Equal Pay Act OR All of the above

Under the Equal Pay Act:

NOT an employer cannot discriminate in pay for substantially equal pay work on the basis of religion, sex, or national origin OR All of these are correct

A pandemic has forced your electronics business to reduce its work force dramatically. You go to your Human Resources department and tell the manager to 'cut payroll by 40% immediately.' Not wanting to hurt your friends -- all recent college graduates -- you decide to simply terminate everyone over age 50. Which statement is correct?

This would be a violation of the ADEA.

Peter lives in Waco but offered a new job in Dallas. He listed his home (real estate) with Ron, a realtor to sell it on his behalf and the listing agreement was valid for 90 days. However, two months later, Peter decided the new job was not for him and since Ron had not found a buyer yet, decided to NOT sell the home and to move back to Waco. Thus, Peter contacts Ron and revokes his authority. Which statement(s) is correct?

Two of the answers are correct

Active recruitment of minority applicants to meet hiring goals is termed:

affirmative action

Disregard current temporary Corona Virus legislation regarding the FMLA for this question! The Family and Medical Leave Act:

applies to private employers with 50 or more employees and governmental employers.

Prentice and Mercedes are partners in a catering business. The law of agency:

would give each of them the authority to represent and bind the business in all usual transactions of that partnership.

If a sales rep who was an employee had a car wreck while calling customers, the doctrine of respondeat superior:

would hold the principal liable for this tort of the agent.

Margie negligently drives her car into Nancy who is crossing against the light. Nancy sustains damages in the amount of $10,000 and sues Margie. The jury determines that Margie's negligence contributed 75% to Nancy's injury and that Nancy's negligence contributed 25% to her injury. Under the doctrine of comparative negligence, Nancy can recover:

$7,500

The elements of common-law negligence include

(1) a legal duty owed by one person to another, (2) breach of that duty, (3) damages proximately caused by the breach

The ________ is responsible for enforcing federal anti-discrimination laws.

EEOC

Which of the following is/are considered in determining the application of the reasonable person standard?

Each of these are considered: Physical disability, superior skill or knowledge, and emergency circumstances

Edward is hired to manage Fred's business. Which of the following is FALSE regarding Edward's authority?

Edward can hire employees, but he cannot fire them without Fred's consent.

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Bob's yard next door. It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be:

It was not foreseeable that the lawnmower would explode.

One of your employees claims he is injured on the job but you don't think you have liability under the workers' compensation laws. A defense available to you in an action for workers' compensation is that:

the employee's injury happened before he came to work.

An agent with actual authority is not normally liable on a contract he makes with a third party on behalf of a(n):

undisclosed principal

Sam is George's agent. George decides to fire Sam. Mel is an old customer of George's and he has dealt with Sam for over 20 years. Mel orders goods from Sam after Sam has been fired but Mel has no knowledge of the firing. Which of the following statements would apply to this scenario?

George will be liable for the contract with Mel because he did not give Mel notice that Sam had been terminated.

An agent acts for a(n) __________ principal when the agent appears to be acting on her own behalf and the third person with whom she is dealing has no knowledge that she is an agent.

undisclosed

The contractual duties owed by a principal to an agent are the duties of:

All of these: compensation, reimbursement, indemnification

Judicial limitations on the employment-at-will doctrine have been based on:

All of these: contract law, tort law, and public policy

Your company has been charged with violation the Civil Rights Act of 1964. Which of the following is NOT a potential defense?

A documented customer preference

The Civil Rights Act of 1964 would scrutinize which of the following situations?

A woman engineer was denied a job for which she was qualified.

Which of the following are activities that give rise to strict liability?

All are correct: Performing abnormally dangerous activities Selling defective, unreasonably dangerous products Keeping animals

Regarding employment of individuals with disabilities, which statement is false?

All of the statements are true.

In a disparate treatment case:

All of these

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result?

Cal is liable because spraying pesticides is an abnormally dangerous activity.

Assume Frank violates a statute which is intended to protect restaurant patrons from food poisoning by requiring restaurant owners to install special refrigeration equipment. Frank may be sued under a standard of care based upon this statute if:

Barry, a patron, becomes violently ill after eating tainted (bad) chicken salad

Bob owns a business delivering coffee and donuts within the downtown area of the city. Smith Co. calls him to deliver a large quantity of his products to their local office. While taking a coffee urn through the Smith Co.'s office, Bob drops it on Lester, scalding him. Who is liable?

Bob alone is liable.

In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors?

Both the existence of emergency conditions and also a physician's training and years of experience

Under the common law, an employer could terminate an employee's 'at will'

both a and b

A(n) _________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

emergency

A(n) _________ is a person in a position of trust and confidence who has a duty of utmost loyalty and good faith.

fiduciary

Richard writes a letter to Sarah authorizing her to sell his car and sends a copy of the letter to Saxton, a prospective purchaser. The next day, Richard sends a letter to Sarah revoking her authority, but he fails to notify Saxton. Sarah:

has apparent authority with respect to Saxton to sell the car.

By law, all apartment buildings in the state where Morgan lives must have smoke alarms in the ceilings. Morgan suffers smoke inhalation during a fire when she could not get out quickly enough because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Morgan would have to put on evidence and prove:

injury and causation

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

invitees, trespassers, or licenses

A gratuitous agent:

is subject to the same duty of loyalty as other agents.

Violation of a statute designed to protest underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding," by prohibiting car owners from leaving the keys in their car if the car is unattended, is likely to be characterized as:

negligence per se

Ruby, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Ruby had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion. In this case:

Ruby's negligent driving is the proximate cause of John's injury

The Federal Employee Polygraph Protection Act:

prohibits private employers (with some exceptions) from using lie detector tests or test results as grounds for adverse employment decisions.

The doctrine of ________ is the basis for an employer's liability for an unauthorized tort committed by an employee within the scope of employment.

respondeat superior

An employee is not disabled under the ADA if:

she has a disability which does not substantially limit a major life activity.

Allie is authorized to sell her principal's property for $10,000. If Allie sells it for $11,000, then:

she has a duty to account to the principal for the additional $1,000