Ch.3 HW (steele)

In a situation where an injured party in an accident is partly to blame for the accident, which of the following is most likely to be true under a contributory negligence system?

a. The injured party cannot recover any damages because it is partially negligent in the case.

_____ refers to a set of software instructions that produces abnormal or unexpected behavior in a computer.

a. A rogue program

Larry often used the laptop provided by his office to download movies, in violation of his company's policy on computer usage. Larry also allowed his friends outside of work to use his business laptop. This is an example of:

b. computer trespass.

Which of the following is true of the Children's Online Privacy Protection Act (COPPA)?

c. It imposes certain requirements on operators of websites directed to children under the age of 13.

To recover for a tort based on negligence, the plaintiff must show:

c. the breach of the tortfeasor's duty to the injured party.

Disgorgement of profits refers to:

c. the repayment of any profits received as a result of corrupt payments.

John McDaniel established a restaurant to provide fast food services. He called the restaurant McDaniel's and began using a logo of two yellow semi-circles to market his restaurant. If sued for trademark infringement, which of the following factors would a court not consider when determining whether John's company infringed another's trademark?

c. John's costs related to the designing of his mark

The tort of injurious falsehood occurs when:

d. a person makes false statements of fact that degrade the quality of another's goods or services.

Fraudulent conversion of another's property by someone in lawful possession of the property with the intent to defraud the owner of the property is called:

d. embezzlement.

Olson Food, Inc. is a milk powder manufacturing company located in New Jersey. The firm's products are well-known across the state. An employee of Olson Food, who was recently fired, spread fake news about the company to several reporters. He claimed that research showed that the milk powder manufactured by Olson Food consisted of an ingredient that could cause cancer. This caused serious damage to Olson Food, and the company lost a large number of customers. This is an example of:

d. injurious falsehood.

The tort of _____ occurs when a business relationship has been formed and a third party, in some way, intentionally causes one party to end the relationship.

d. interference with a contract

A _____ is a private or civil wrong or injury for which there may be an action for damages.

torts

To recover for a tort based on negligence, which of the following is not required to be shown by the plaintiff (the injured party)?

a. An intention on the part of the tortfeasor to cause the consequences of the act

Tommy, age 10, regularly accesses a website targeting children to play math games and watch cartoons. Over the past year, the website has collected personal information on Tommy, such as his name, age and address. Under the Children's Online Privacy Protection Act (COPPA), what rights do Tommy's parents have regarding information collected by the website?

a. The website must obtain parental consent prior to collecting information on Tommy, and Tommy's parents may review and prevent the retention of the information at any time.

Linda is a nurse at George County Community Hospital. She placed a patient in a secluded room in the psychiatric unit, without following the required protocols. The patient was locked in the room and was not free to leave. In the given scenario, Linda is a:

a. tortfeasor.

Which of the following is most likely to be a tort based on negligence?​

b. Automobile accidents

On investigation, it was found that Ken, the bookkeeper at CL Corp., had stolen money from the company's account and recorded financial transactions inaccurately to cover up for his activities. For which of the following business crimes can Ken be prosecuted?

b. Embezzlement

Which of the following best defines the tort of interference of with a contract?

b. It occurs when a business relationship has been formed, and in some way a third party intentionally causes one party to end the relationship.

An unauthorized outsider who gains access to a business's computer system is called a(n):

hacker

M.K. Manufacturers, a toy manufacturing firm, manufactured and sold a range of toys that used metallic paint, which is proven to be harmful to children. However, there is insufficient proof of negligence against the firm. In this scenario, a group of parents who want to sue M.K. Manufacturers for damages are most likely to claim:

strict liability