Question 1

Which of the following statements would qualify for a defamation action (assuming the statement is false)?

Accepted Answer

A) "All corporate types are selfish." 
B) "Accountants will sign off on anything." 
C) "Jones pled guilty to a violation of campaign contribution laws." 
D) All of the above qualify for a defamation action. 
A) "All corporate types are selfish." 
B) "Accountants will sign off on anything." 
C) "Jones pled guilty to a violation of campaign contribution laws." 
D) All of the above qualify for a defamation action.

Question 2

In most states,letters of reference are exempt from liability for defamation.

Accepted Answer

A) True 
 B)False

Question 3

Contributory negligence cannot be raised if there is causation proved against the tort feasor.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following defenses to negligence serves as a complete bar to recovery?

Accepted Answer

A) comparative negligence 
B) contributory negligence 
C) both a and b 
D) none of the above 
A) comparative negligence 
B) contributory negligence 
C) both a and b 
D) none of the above

Question 5

A retail store:

Accepted Answer

A) has no duty to protect customers from criminal conduct by third parties. 
B) owes its customers duties as licensees. 
C) owes its customers duties as invitees. 
D) need not protect its customers against problems it has knowledge of. 
A) has no duty to protect customers from criminal conduct by third parties. 
B) owes its customers duties as licensees. 
C) owes its customers duties as invitees. 
D) need not protect its customers against problems it has knowledge of.

Question 6

In Van Horn v.Watson,the court concluded that in California the Good Samaritan laws:

Accepted Answer

A) do not exist. 
B) apply to anyone helping another injured person. 
C) apply to anyone offering medical care in good faith at the scene of a medical emergency. 
D) apply to anyone offering medical care to another person. 
A) do not exist. 
B) apply to anyone helping another injured person. 
C) apply to anyone offering medical care in good faith at the scene of a medical emergency. 
D) apply to anyone offering medical care to another person.

Question 7

Invasion of privacy is a tort of negligence.

Accepted Answer

A) True 
 B)False

Question 8

Opinion and analysis of a person's conduct are not defamation if the underlying facts are correct.

Accepted Answer

A) True 
 B)False

Question 9

Malice is a required element in all defamation cases.

Accepted Answer

A) True 
 B)False

Question 10

Businesses are not liable for accidents caused by the behaviors and actions of their customers.​

Accepted Answer

A) True 
 B)False

Question 11

Punitive damages are:

Accepted Answer

A) generally not available in tort cases. 
B) often awarded in cases of contract interference. 
C) only available in negligence actions. 
D) none of the above 
A) generally not available in tort cases. 
B) often awarded in cases of contract interference. 
C) only available in negligence actions. 
D) none of the above

Question 12

Which of the following does not enjoy an absolute privilege to charges of defamation?

Accepted Answer

A) members of Congress while speaking on the floor 
B) witnesses in a court hearing 
C) newspaper reporting witness testimony from a trial 
D) All of the above carry absolute privileges. 
A) members of Congress while speaking on the floor 
B) witnesses in a court hearing 
C) newspaper reporting witness testimony from a trial 
D) All of the above carry absolute privileges.

Question 13

First Fidelity Insurance received a call from Second Fifth Bank regarding Margaret Gessner,a former Fidelity employee.Gessner had been fired for embezzlement.Can First Fidelity disclose such information? $\underline{\text{Must}}$ First Fidelity disclose it?

Accepted Answer

Students should discuss the is

Question 14

Comparative negligence and contributory negligence are the same thing.

Accepted Answer

A) True 
 B)False

Question 15

Kirk Daly,a 36-year-old attorney,was killed when his Buick Opel collided with some metal fence on the Harbor Freeway in Los Angeles.He was traveling at a speed between 50 and 70 mph.After the collision,the car spun and the driver's door flew open.Daly was ejected from the car and sustained fatal head injuries.Had the door stayed closed,his injuries would have been relatively minor.Daly was not wearing his seat belt.Discuss the negligence theory for recovery in the suit Daly's widow has brought against General Motors,the makers of the Buick Opel.Also discuss any defenses General Motors might have.

Accepted Answer

In Daly v.General Motors,575 P

Question 16

How many people must have heard or read a statement for there to be publication for purposes of defamation?

Accepted Answer

A) one 
B) at least two 
C) there must be widespread community knowledge 
D) it must be heard simultaneously by at least two people 
A) one 
B) at least two 
C) there must be widespread community knowledge 
D) it must be heard simultaneously by at least two people

Question 17

Representative Pete Stark said the following in a speech on the floor of the U.S.House of Representatives,"You're going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president's amusement." Representative Stark:

Accepted Answer

A) is protected from defamation liability because of the privilege for elected officials. 
B) is liable to the president for defamation because the statement was not related to government issues. 
C) is not liable for defamation because of the public figure privilege. 
D) both a and c 
A) is protected from defamation liability because of the privilege for elected officials. 
B) is liable to the president for defamation because the statement was not related to government issues. 
C) is not liable for defamation because of the public figure privilege. 
D) both a and c

Question 18

The "But for" test:

Accepted Answer

A) is the test for causation. 
B) is the test for proximate cause. 
C) has been eliminated as the causation test in negligence cases. 
D) none of the above 
A) is the test for causation. 
B) is the test for proximate cause. 
C) has been eliminated as the causation test in negligence cases. 
D) none of the above

Question 19

Contract interference:

Accepted Answer

A) requires involvement by more than one third party. 
B) requires proof of intent to interfere. 
C) is a federal crime. 
D) requires proof of misappropriation. 
A) requires involvement by more than one third party. 
B) requires proof of intent to interfere. 
C) is a federal crime. 
D) requires proof of misappropriation.

Question 20

Employer privilege statutes are those that provide employers with defenses to defamation suits when they have shared information on former employees with prospective employers.

Accepted Answer

A) True 
 B)False

Which of the following statements would qualify for a defamation action (assuming the statement is false)?

In most states,letters of reference are exempt from liability for defamation.

Contributory negligence cannot be raised if there is causation proved against the tort feasor.

Which of the following defenses to negligence serves as a complete bar to recovery?

A retail store:

In Van Horn v.Watson,the court concluded that in California the Good Samaritan laws:

Invasion of privacy is a tort of negligence.

Opinion and analysis of a person's conduct are not defamation if the underlying facts are correct.

Malice is a required element in all defamation cases.

Businesses are not liable for accidents caused by the behaviors and actions of their customers.

Punitive damages are:

Which of the following does not enjoy an absolute privilege to charges of defamation?

First Fidelity Insurance received a call from Second Fifth Bank regarding Margaret Gessner,a former Fidelity employee.Gessner had been fired for embezzlement.Can First Fidelity disclose such information? $\underline{\text{Must}}$ First Fidelity disclose it?

Comparative negligence and contributory negligence are the same thing.

How many people must have heard or read a statement for there to be publication for purposes of defamation?

The "But for" test:

Contract interference:

Employer privilege statutes are those that provide employers with defenses to defamation suits when they have shared information on former employees with prospective employers.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Exam 9: Business Torts

Which of the following statements would qualify for a defamation action (assuming the statement is false)?

In most states,letters of reference are exempt from liability for defamation.

Contributory negligence cannot be raised if there is causation proved against the tort feasor.

Which of the following defenses to negligence serves as a complete bar to recovery?

A retail store:

In Van Horn v.Watson,the court concluded that in California the Good Samaritan laws:

Invasion of privacy is a tort of negligence.

Opinion and analysis of a person's conduct are not defamation if the underlying facts are correct.

Malice is a required element in all defamation cases.

Businesses are not liable for accidents caused by the behaviors and actions of their customers.​

Punitive damages are:

Which of the following does not enjoy an absolute privilege to charges of defamation?

First Fidelity Insurance received a call from Second Fifth Bank regarding Margaret Gessner,a former Fidelity employee.Gessner had been fired for embezzlement.Can First Fidelity disclose such information? Must‾\underline{\text{Must}}Must​ First Fidelity disclose it?

Comparative negligence and contributory negligence are the same thing.

How many people must have heard or read a statement for there to be publication for purposes of defamation?

The "But for" test:

Contract interference:

Employer privilege statutes are those that provide employers with defenses to defamation suits when they have shared information on former employees with prospective employers.

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Business and the Constitution

Administrative Law

International Law

Business Crime

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Businesses are not liable for accidents caused by the behaviors and actions of their customers.

First Fidelity Insurance received a call from Second Fifth Bank regarding Margaret Gessner,a former Fidelity employee.Gessner had been fired for embezzlement.Can First Fidelity disclose such information? $\underline{\text{Must}}$ First Fidelity disclose it?