Business Law - Chapter 7 LearnSmart
Res ipsa loquitur literally means _____.
"the thing speaks for itself"
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?
Assumption of the risk doctrine.
Which of the following is a correct statement regarding assumption of the risk?
Assumption of the risk is a defense to a negligence claim
Which of the following is an inaccurate statement regarding battery?
Assault and battery are always synoymous
Which of the following is an accurate statement regarding assault?
Assault does not require actual bodily contact
Why have most states replaced the contributory negligence defense with a comparative negligence theory?
Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence.
In asserting the contributory negligence defense, the defendant must prove which of the following?
The plaintiff's conduct fell below a reasonable standard of care and contribute to his or her injury
Which of the following is an inaccurate statement regarding trade libel?
Trade libel and slander of quality are synonymous
Privilege is an affirmative defense in a defamation action.
True
T/F States may have slightly different definitions of each tort.
True
A Rock Climbing company, Rocky's, takes many customers on rock climbing expeditions on the northern rim of the Grand Canyon. When James and Jenny signed up for an expedition, they were warned that rock-climbing was a dangerous activity. Additionally, James and Jenny signed a contract stating that during the climbing, they could possibly suffer from injury and, in the worst case scenario, death. The contract stated that James and Jenny assumed the risks posed by the expedition. James and Jenny we
Rather than getting injured from a fall, James was injured in Rocky's company van that was driving to the rock climbing site. Rocky's driver had been speeding and had veered off the road a bit, causing the car to stop abruptly. Rather than providing a written contract that expressed risks of rock climbing, Rocky's never warned James or Jenny of the risks of rock climbing, despite James and Jenny's saying that they had no experience in rock climbing.
In a negligence case, the _____ standard is a measurement of the way members of society expect an individual to act in a given situation.
Reasonable person
Under _____ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice
conditional
Which of the following is not a defense to negligence liability?
consumption of the harm
____ torts occur when the defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result
intentional
If defamation is published in a permanent form, it is known as _____.
libel
Intentional infliction of emotional distress is sometimes called the tort of _____.
outrage
Trespass to personal property is also called trespass to _____.
personalty
Torts against ____ are intentional acts that harm an individual's physical or mental integrity.
persons
When does negligence per se apply?
when the defendant has violated a statute designed to protect the class of individuals to which the plaintiff belongs from a certain type of harm
Tort is a French word meaning _____.
wrong
Which of the following claims cannot constitute slander per se?
A man is part of the "wealthy 1%" and has no concern for the poor
Which of the following is sometimes referred to as "but-for" causation?
Actual cause.
_____ assumption of the risk means that the plaintiff implicitly assumed a known risk.
Implied
To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following?
The plaintiff's injury arose out of the course and scope of his employment with the defendant
In which of the following is a category into which intentional torts are divided?
Torts against persons, property, and economic interests.
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
Would another individual have intended to cause the harm?
Categories of intentional torts include all but which of the following?
torts against social responsibility
_____ is a business tort that occurs when false printed statements criticize a business product or service and result in a loss of sales
trade libel
Categories of individuals who might be injured on business property include all but which of the following?
transferees
_____ damages are based on damage or harm to property , lost wages or profits, pain and suffering, medical expenses, and other actual damages.
Compensatory
_____ assumption of the risk occurs when the plaintiff expressly agrees to assume the risk posed by the defendant's behavior
Express
A private nuisance occurs when a person permanently removes personal property from the owner's possession and control.
False
T/F Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.
False
_____-liability tort occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
Strict
In most states, proximate cause is determined by __________.
foreseeability
Which of the following is NOT a requirement for strict liability?
a negligent or intent-based act on the part of the defendant
When a(n) _____ privilege exists, one cannot be sued for defamation for any false statements made.
absolute
A(n) _____ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable
affirmative
If the defendant commits a(n) _____ tort, he or she is liable for the plaintiff's damages without any requirement for the plaintiff to prove that the defendant was negligent.
strict-liability
Which of the following is NOT an objective of tort law?
to award specific performance for breach of contract
Which of the following is a purpose of punitive damages?
to deter others from engaging in an activity similar to the defendant's
____ occurs when one uses intentional deceit to facilitate personal gain.
Fraudulent misrepresentation
_____ occurs when a person permanently removes personal property from the owner's possession and control
Conversion
_____ is a business tort that occurs when a statement is intentionally used to defame a business product or service.
Disparagement
_____ negligence is an action committed with extreme reckless disregard for the property or life of another person.
Gross
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?
Negligence per se.
Which of the following is an incorrect statement regarding slander?
Slander and libel are synonymous
_____ is a business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.
Slander of quality
Which of the following is an accurate statement regarding slander of quality and trade libel?
Slander of quality is spoken, while trade libel is in printed form
Which of the following is NOT an essential element of intentional interference with contract?
The defendant was a third-party beneficiary of the contract between two parties
Diving Fiasco. Mike, who owns a dive shop in the U.S., decides to take a group of his customers diving in U.S. waters. Mike is aware that sharks occasionally visit the area where the divers will be visiting. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Mike does not reveal that information to the group of divers going with him. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the st
Wendy and Sam had a duty to assist the divers in peril only if they were acquainted prior to the dive with the divers
In most states, proximate cause is determined by _____.
foreseeability
Torts are most commonly classified as _____ torts.
intentional, negligent, and strict-liability
The _____ doctrine allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff.
last-clear-chance
Supposte a negligence case is tried in a modified negligence jurisdiction, and the jury determines that the defendant was 40 percent responsible for the plaintiff's harm, and that the plaintiff was 60 percent responsible for her own harm. The plaintiff's damages are $100.000. What amount of money, if any, will the plaintiff recover from the defendant?
nothing
A _____ nuisance occurs when a person uses his or her property in an unreasonable manner that harms a neighbor's use or enjoyment of his or her property
private
The law does not hold people liable for making false statements about _____ as long as the statements were not made with malice.
public figures
According to the ____ defense, the court determines the percentage of fault of the defendant, and the defendant is then liable for that percentage of the plaintiff's damages.
pure comparative negligence
Trespass to realty is also called trespass to ____
real property
Which of the following is the most common defense to battery?
self-defense
Suppose that Crystal Castle is the only jewelry store in town. Amber Diamond comes into town and opens a store not with the intent to make profit but to drive Crystal Castle out of business so her friend, Opal Ruby, can start a legitimate jewelry store once the competition has been eliminated. Amber's actions constitute _____.
unfair competition
Negligence is behavior that creates a(n) _____ risk of harm to others.
unreasonable
Critics refer to food disparagement as _____ libel.
veggie
Which of the following is true regarding the tort of fraudulent misrepresentation?
A party who makes fraudulent misrepresentations must intend that other parties rely upon the misrepresentations; the injured party must have reasonably relied upon the misrepresentations; and the inured party must have suffered damages because of reliance upon the misrepresentations.
_____ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another
Intentional interference with contract
Which of the following is an inaccurate statement regarding a Good Samaritan statute?
It imposes strict negligence liability on a passerby who assists a person in need, even though the assistance was given gratuitously
Which of the following is an accurate statement regarding a superseding cause?
It interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered
Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50 percent at fault before the plaintiff can recover?
Modified comparative negligence.
What does the term "negligence per se" mean literally?
Negligence in or of itself.
Which of the following is an inaccurate statement regarding professional negligence?
Professional negligence cases are often referred to as tort immunity cases => malpractice cases
_______ occurs when false published statements are related to the ownership of business property
Slander of title
Which of the following is true regarding the intent needed for an intentional tort?
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.
The defendant's violation of a duty of care owed to the plaintiff is known as a(n) _____ that duty.
breach of
Which of the following is not an intentional tort against property?
defamation
_____ is the intentional communication to a third party of a false statement harmful to an individual's reputation
defamation
What are the four elements of negligence?
duty, breach of duty, causation, and damages
Punitive damages are also known as _____ damages.
exemplary
Suppose Jackie negligently causes serious physical and economic harm to Roberto in an automobile accident. In a negligence action, Jackie would be referred to as the _____.
tortfeasor
Miles Pizza Pub was the only pizza restaurant in Centerville, Indiana, a community consisting of approximately 10,000 residents. When Allen moved to Centerville, he noticed that Miles was extremely successful, and sought to create his own pizza parlor, Allen's Pizza. To get an edge over Miles, Allen published an advertisement in the local newspaper stating that Miles Pizza sponsored another town's minor league football team, the Richmond Badgers. The citizens of Centerville were outraged to hear
Instead of publishing the advertisement in a newspaper, Allen verbally told a close friend, Jerry, that Miles had sponsored Centerville's rival minor league football team. But neither the prosecutor nor defendant ever determined whether Jerry shared this statement with others. Instead of publishing the advertisement, Allen tells a close friend that Miles is a slob. Allen has found evidence, billing records and email communications, that reveal that Miles' Pizza was in fact a secret sponsor of the Richmond Badgers.
Chewer. The state in which Susan lives has a statute prohibiting dogs running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck
Negligence per se.
_____ torts occur when the defendant acts in a way that other people to an unreasonable risk of harm
Negligent
_____ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.
Nominal
Actual cause is also known as cause in _____.
fact