Chapter 6 Business Law Homework

1.) The basic purpose of tort law is to punish criminal wrongdoers. T/F Answer: False; The basic purpose of tort law is to provide civil remedies for the invasion of protected interests. 2.) General Damages Answer: Intended to compensate individuals (but not companies) for the non monetary aspects of the harm suffered from a tort, such as pain and suffering 3.) Compensatory Damages Answer: Intended to compensate or reimburse a plaintiff for actual losses. 4.) Special Damages Answer: Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses 5.) Punitive Damages Answer: Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing 6.) There are two broad classes of torts: Answer: intentional torts and unintentional torts 7.) Because an intentional tort requires intent, a harmful motive is required? T/F? Answer: False 8.) A person who commits a tort is known as a: Answer: tortfeasor 9.) Assault Answer: Any intentional or unexcused threat of immediate harmful or offensive contact 10.) Battery Answer: Any unexcused and harmful or offensive contact intentionally performed 11.) Stiles is much stronger than Ben and threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles Answer: for assault and battery because there was both a treat and a harmful action 12.) Hank may be able to sue his neighbor Larson for ______ if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that it was untrue. Answer: Infliction of emotional distress 13.) Which of the following has nothing to do with false imprisonment? Answer: You are made fearful of unwanted and possibly harmful contact with another person 14.) Defamation (libel or slander) Answer: A false statement of fact, not made under privilege, that is communicated to a third party 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 malice. 15.) Invasion of Privacy Answer: Publishing or otherwise making known or using information relating to a person's private life and affairs, with which the public has no legitimate concern, without that person's permission or approval. 16.) List of the main elements of fraudulent misrepresentation in the order in which they should normally appear: Answer: 1. A misrepresentation of material facts with knowledge of their falsity. 2. An intent to cause another party to rely on the misrepresentation. 3. Justifiable reliance on the misrepresentation. 4. Damages suffered as a result of that reliance. 5. A casual connection between the misrepresentation and the injury suffered. 17.) Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship. a. A third party must be aware that the contract exists. b. A third party must unintentionally cause one of the parties to break the contract. c. A valid, enforceable contract must exist between two parties. Answer: b. A third party must unintentionally cause one of the parties to break the contract. 18.) In our freely competitive economy, businesses have no limits on how they can attract customers. T/F Answer: False 19.) Competing via aggressive marketing and advertising strategies is ___________ interference with a business relationship. Answer: usually permissible 20.) Trespass to land has nothing to do with obtaining permission for use of that land. Answer: False 21.) Trespass to land requires that a person ________ on the land. Answer: remains 22.) For trespass to land occur you have to _________ onto, above, or below the land surface owned by another. Answer: enter 23.) A real property owner must ___________ that a person is a trespasser. Answer: establish 24.) A guest in your home is typically _____ a trespasser. Answer: not 25.) You are given permission to use Alvie's land for a one-day four-wheeled drive event. Your own truck breaks down during the event so you leave it on Alvie's property. Most likely you have committed a. trespass to land, but you have a complete defense. b. trespass to land. c. trespass to personal property. Answer: b. trespass to land 26.) When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land. T/F Answer: False - trespass to property because it is a moveable item 27.) Which of the following acts normally do NOT constitutes a conversion? a. Temporarily borrowing a friend's textbook and then returning it. b. Mistakenly believing that you are entitled to goods that are not your own. c. The taking of electronic records and data without the owner's permission. Answer: a. Temporarily borrowing a friend's textbook and then returning it. 28.) Disparagement of Property Answer: occurs when economically injurious falsehoods are made about another's product or property 29.) Slander of Title Answer: Publishing false information about another's legal ownership of property that results in financial loss to the property's owner 30.) The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeaser does NOT wish to bring about the consequence of the act, nor does she or he believe that they will occur. T/F Answer: True 31.) The elements required to succeed in a negligence action in the order in which they are normally considered: Answer: 1. Duty 2. Breach 3. Causation 4. Damages 32.) Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care? a. Yes, because Cooktop placed no warnings about the possibility of being burned. b. No, because Cooktop disclaimed all liability for accidents. c. No, because stoves get hot and some people get burned when they are careless. Answer: c. No, because stoves get hot and some people get burned when they are careless. 33.) The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act. Answer: False - The reasonable person standard is supposedly objective because it does not necessarily involve how a particular person would act, but rather gives society's judgment of how an ordinarily prudent person should act. 34.) Those who enter retail premises are called business __________ . Answer: invitees 35.) Storeowners must warn business invitees of ______________ risks. Answer: foreseeable 36.) A landowner has a duty to discover and remove any ________ dangers to customers or other invitees. Answer: hidden 37.) When risks are so ____, owners need not warn of them. Answer: obvious 38.) An attorney's conduct is judged by the reasonable person standard. Answer: False - An attorney's conduct is judged not by the reasonable person standard, but by the reasonable attorney standard. 39.) Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? a. Is there causation in fact? b. Was the act the approximate cause of the injury? c. Was there intent? Answer: c. Was there intent? 40.) 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? T/F Answer: False - They are unharmed. 41.) Assumption of risk does NOT require: a. seeking out the riskiest activities. b. voluntary assumption of the risk. c. knowledge of the risk. Answer: a. seeking out the riskiest activities. 42.) An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event. T/F Answer: True 43.) Comparative Negligence Answer: 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. 44.) Contributory Negligence Answer: 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 was precluded from recovering any damages 45.) This may occur if an individual violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent: Answer: Negligence per se 46.) These statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations: Answer: Good Samaritan 47.) These acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar. Answer: Dram-shop 48.) Under the doctrine of strict liability, liability for injury is imposed for reasons other than _____. Answer: Fault 49.) James carefully stores toxic waste in his factory. In spite of his care, the toxic waste leaks and harms Francis, his neighbor. James is not liable because the leak was not his fault. Answer: False 50.) Which of the following is needed to prove that there is defamation as is suggested by Shelly and Tony? A. That Mrs. Vogel made a false statement of a fact. B. That Mrs. Vogel harmed the reputation of the car dealership. C. That the statement was published to at least one person, other than those who worked at the car dealership. D. All of these choices are needed. Answer: D. All of these choices are needed. 51.) What is Mrs. Vogel's best defense against the tort of defamation? Answer: That her statements about the car dealership are true. 52.) When Mrs. Vogel walks onto the car lot and her conduct and speech persuades an entering vehicle to back away from Rally's car lot, what is the most likely tort that she is committing? Answer: Trespass 53.) The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is: Answer: an example of tort reform 54.) Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for: a. violations of the First Amendment. b. infliction of emotional distress. c. battery. d. libel. Answer: b. infliction of emotional distress 55.) Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan: a. for assault only. b. for battery only. c. for assault and battery. d. only if Nate can prove Ethan's motive. Answer: c. for assault and battery 56.) Stephanie stands in front of her home with a bullhorn shouting that her new neighbor, Kyle, has just been released from prison for child molestation. Stephanie knows this statement is false. Under what legal theory may Kyle recover damages from Stephanie? Answer: Slander per se 57.) Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for: a. conversion. b. defamation. c. wrongful interference with a business relationship. d. appropriation Answer: d. appropriation 58.) Adam sells audio and video equipment. He tells a customer, Abbey, "This MP3 player is the best one ever made." Adam's statement is: a. Puffery b. Appropriation c. Fact d. Fraudulent misrepresentation Answer: a. Puffery 59.) The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson's clients immediately stop training with Hanson. Bob is most likely to have committed: a. slander. b. no tort. c. conversion. d. wrongful interference with a business relationship. Answer: d. wrongful interference with a business relationship. 60.) Doug obtains permission to be on Nathan's land for one day to hold a four-wheeling event. Doug's truck breaks down, and instead of removing it, he leaves it on Nathan's property for several days after the event. Doug has most likely committed: a. trespass to personal property. b. trespass, but he has a complete defense. c. no tort. d. trespass to land. Answer: d. trespass to land 61.) Orson takes Harrison's car without Harrison's permission and without just cause. Orson has probably committed the tort of conversion unless he can show that: a. the car was worth less than $500. b. he mistakenly believed he owned the car. c. he returned the car undamaged within 24 hours. d. Harrison does not really own the car. Answer: d. Harrison does not really own the car. 62.) Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, "Bling Jewels sells stolen diamonds." Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of a. malice. b. slander of quality. c. wrongful interference with a contractual relationship. d. slander of title. Answer: d. slander of title. 63.) Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidentally hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute: a. battery b. negligence per se c. assault d. negligence Answer: b. negligence per se 64.) John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John's illness is outside of Dr. Smith's area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, he can defend himself under: a. Good Samaritan statutes. b. the theory of res ipsa loquitur. c. dram shop acts. d. the "danger invites rescue" doctrine. Answer: a. Good Samaritan statutes. 65.) Ted is running down the sidewalk at a high rate of speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except: a. duty. b. causation. c. damages. d. breach. Answer: c. damages 66.) Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of: a. negligence per se. b. assumption of the risk. c. transferred intent. d. consent. Answer: b. assumption of the risk 67.) While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is: a. not the cause of Ethel's death. b. the proximate cause of Ethel's death. c. the causation in fact, but not the proximate cause, of Ethel's death. d. the superseding cause of Ethel's death. Answer: c. the causation in fact, but not the proximate cause, of Ethel's death. 68.) Astor Manufacturing stores hazardous and volatile chemicals in its warehouse. The warehouse has state of the art equipment to make sure the chemicals do not explode. An unexpected earthquake shakes the warehouse, causing the chemicals to explode and injure William, a passer-by on a nearby sidewalk. Astor Manufacturing is: a. strictly liable for William's injuries. b. liable to William only if the company was grossly negligent. c. not liable to William because Jason voluntarily assumed the risk of injury. d. not liable to William because it satisfied its duty of care to passers-by. Answer: a. strictly liable for William's injuries. 69.) Southern Trucking arrived at WoodCo to pick up a shipment of wood furniture. When the Southern Trucking driver was backing up his truck into the loading dock, the truck accidentally crushed a pallet of valuable wood tables and bedframes. Southern Trucking is: a. not liable for any damages. b. liable for punitive damages. c. liable for compensatory damages. d. liable for established damages. Answer: c. liable for compensatory damages. 70.) What duty is owed to Maria while she is in Kowalski's (before entering the stock room)? a. Since she is a business invitee, there is no duty owed to her. b. Since she is a business invitee, there is a duty to warn her about any dangers that the store knew of or should have known about. c. Since she is a trespasser, no duty is owed to her. d. Since she is a licensee, there is a duty to warn her about any dangers that the store knew of or should have known about. Answer: b. Since she is a business invitee, there is a duty to warn her about any dangers that the store knew of or should have known about. 71.) Once Maria enters the stock room, which of the following is Kowalski's best defense for Maria's injuries? a. That entering the stock room was a superseding cause. b. That Maria violated a dram shop act. c. That the stock room was an attractive nuisance. d. That she assumed the risk of injury. Answer: d. That she assumed the risk of injury. 72.) Which one of the following is the best argument that Kowalski's Grocery is not liable for Maria's injury? a. The boxes were stacked safely, and therefore Maria's injury could only have been due to her own negligence. b. Kowalski's posted the "Employee's Only No Admittance" sign, therefore Maria was trespassing in the stockroom. c. Maria assumed the risk of her injuries. d. Vinny warned Maria the area was dangerous. Answer: b. Kowalski's posted the "Employee's Only No Admittance" sign, therefore Maria was trespassing in the stockroom. 73.) If Mark decides to put the TF-300 fans that his company manufactures on the market, and the fans are considered to be an unreasonable dangerous product, the party who was injured would not need to prove: a. the defendant must normally be engaged in the business of selling or distributing that product. b. the defective condition must be the proximate cause of the injury or damage. c. the defendant must have acted with intent to cause harm. d. the plaintiff must incur physical harm to self or property by use or consumption of the product. Answer: c. the defendant must have acted with intent to cause harm. 74.) If Mark's company enters into the contract to sell the TF-300 fans that they manufacture to Rooms-to-Go and a purchaser is injured by the fan, under strict liability, which would be liable for the injuries? a. Both Mark's company and Rooms-to-Go. b. Neither Mark's Company nor Rooms-to-Go. c. Marks' Company only. d. Rooms-to-Go only. Answer: a. Both Mark's company and Rooms-to-Go. 75.) If Mark's company enters into the contract to sell the TF-300 fans that they manufacture to Rooms-to-Go and a purchaser is injured by the fan, under strict liability, and a person who did not purchase the fan is injured by debris coming off of the fan while at a friend's house. Decide: a. only Rooms-to-Go would be liable to the injured party since they are in privity of contract with the ultimate purchaser. b. neither Rooms-to-Go nor Marks company would be liable since neither is in privity with the injured party. c. only Mark's company would be liable to the injured party since they are in privity of contract with the ultimate purchaser. d. Both Rooms-to-Go and Mark's company would be liable. Answer: d. Both Rooms-to-Go and Mark's company would be liable. 76.) If the TF-300 fans that they manufacture are put onto the market, Mark's company may be liable for injuries if the fans are unreasonably dangerous and the problem with then fans stems from: a. a failure to warn not to hit the reverse switch while the fan is moving. b. All of these. c. a design defect. d. a manufacturing defect. Answer: b. All of these. 77.) If Mark decides to put the TF-300 fans that his company manufactures on the market, and the fans are considered to be an unreasonable dangerous product. Assume that Mark insisted on putting a label on the remote control stating "Do not put into reverse mode while the fan is spinning." If someone were then injured by the fan because they put the fan in reverse while it was spinning, which defense would Mark's company likely use? a. The company would likely use the knowledgeable user defense. b. The company would likely use the assumption of risk defense. c. The company would likely use the preemption defense. d. The company would likely use the market-share liability defense. Answer: b. The company would likely use the assumption of risk defense.