Question 1

Briefly explain the two affirmative defenses to a negligence claim.

Accepted Answer

The two affirmative defenses to a neglig

Question 2

Design defects occur when a product is manufactured according to a manufacturer's standards,but the product injures a user due to its unsafe design.

Accepted Answer

A) True 
 B)False

Question 3

If defamation is oral,it is called ______.

Accepted Answer

A)  duress 
B)  slander 
C)  libel 
D)  hearsay 
E)  assault 
A)  duress 
B)  slander 
C)  libel 
D)  hearsay 
E)  assault

Question 4

Many times a battery follows an assault.

Accepted Answer

A) True 
 B)False

Question 5

How does injurious falsehood differ from defamation of character?

Accepted Answer

Injurious falsehood consists of the publ

Question 6

Antonio and Fred are playing soccer when Fred accidently kicks Antonio's shin during a pass.Antonio is seriously injured and is unable to play for at least six months.If Antonio sues Fred,which of the following defenses is Fred most likely to use?

Accepted Answer

A)  cause in fact 
B)  assumption-of-the-risk 
C)  statute of repose 
D)  strict liability 
E)  proximate cause 
A)  cause in fact 
B)  assumption-of-the-risk 
C)  statute of repose 
D)  strict liability 
E)  proximate cause

Question 7

When are punitive damages awarded by courts?

Accepted Answer

Punitive damages are awarded to punish d

Question 8

Which of the following acts is an example of malicious prosecution?

Accepted Answer

A)  A patient files a suit against his doctor for malpractice. 
B)  A storekeeper detains a customer under the suspicion of shoplifting. 
C)  A newspaper publishes incriminating information about a public official. 
D)  An employer fires his employee for pulling a prank on him. 
E)  A student gets her classmate arrested by falsely accusing her of drug peddling. 
A)  A patient files a suit against his doctor for malpractice. 
B)  A storekeeper detains a customer under the suspicion of shoplifting. 
C)  A newspaper publishes incriminating information about a public official. 
D)  An employer fires his employee for pulling a prank on him. 
E)  A student gets her classmate arrested by falsely accusing her of drug peddling.

Question 9

Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.

Accepted Answer

A) True 
 B)False

Question 10

Briefly explain the two types of product defects that give rise to strict products liability.

Accepted Answer

The two types of product defects that gi

Question 11

Penta Corp.convinces the employees of its competitor,Gordon Inc.to break their contracts with Gordon and join Penta.In this case,Penta Corp.has committed the tort of injurious falsehood.

Accepted Answer

A) True 
 B)False

Question 12

Barry,the CEO of Trenton Corp.,claims that their competitor,BMN Inc.,simply produces a modified version of Trenton's product.He also publicly claims that BMN's products are poor in quality.If the claims made by Barry are untrue,BMN Inc.can sue Barry for the tort of ______.

Accepted Answer

A)  fraud 
B)  injurious falsehood 
C)  battery 
D)  larceny 
E)  malicious prosecution 
A)  fraud 
B)  injurious falsehood 
C)  battery 
D)  larceny 
E)  malicious prosecution

Question 13

One of the tort reforms proposed or passed by the states includes providing for the presumption of reasonableness defense in product design cases in which the product meets ______.

Accepted Answer

A)  the state-of-the-art 
B)  the statute of repose 
C)  comparative fault 
D)  comparative responsibility 
E)  assumption of risk 
A)  the state-of-the-art 
B)  the statute of repose 
C)  comparative fault 
D)  comparative responsibility 
E)  assumption of risk

Question 14

A group of students stay back at their school late into the night to party.The security guard finds the students and asks them to leave,but they refuse to do so and threaten the security guard with violence to silence him.This is an example of the tort of ______.

Accepted Answer

A)  trespass 
B)  willful negligence 
C)  libel 
D)  invasion of privacy 
E)  duress 
A)  trespass 
B)  willful negligence 
C)  libel 
D)  invasion of privacy 
E)  duress

Question 15

Statner,a doctor,reveals sensitive medical information about Ray,his patient,to the media.As a result,Ray is subject to sympathetic attitude and discrimination at work.He decides to sue Statner.Which of the following statements is true in this case?

Accepted Answer

A)  Statner has not committed a tort for which Ray can sue. 
B)  Statner has intentionally interfered with Ray's contractual obligations. 
C)  Statner can be sued for invasion of privacy. 
D)  Statner can be sued for libel. 
E)  Statner has defamed Ray and will have to pay damages. 
A)  Statner has not committed a tort for which Ray can sue. 
B)  Statner has intentionally interfered with Ray's contractual obligations. 
C)  Statner can be sued for invasion of privacy. 
D)  Statner can be sued for libel. 
E)  Statner has defamed Ray and will have to pay damages.

Question 16

Jason borrows Matt's car for a road trip.He meets with an accident on his trip and damages Matt's car.Jason then returns the car to Matt stating that the accident is not his fault and that he is not going to pay for damages.In this scenario,Matt can sue Jason for the tort of ______.

Accepted Answer

A)  conversion 
B)  willful negligence 
C)  comparative fault 
D)  battery 
E)  fraud 
A)  conversion 
B)  willful negligence 
C)  comparative fault 
D)  battery 
E)  fraud

Question 17

A student drives a rental car into Mexico although the lease specifically prohibits cross-border driving.The car is destroyed in an earthquake while it is parked in a parking lot in Mexico City.Briefly discuss the rights of the rental company in this case.

Accepted Answer

The rental company can sue the student f

Question 18

Misuse is a defense that defendants commonly raise in product liability cases.

Accepted Answer

A) True 
 B)False

Question 19

A(n)______ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.

Accepted Answer

A)  duress 
B)  fraud 
C)  conversion 
D)  libel 
E)  slander 
A)  duress 
B)  fraud 
C)  conversion 
D)  libel 
E)  slander

Question 20

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of ______.

Accepted Answer

A)  assault 
B)  conversion 
C)  battery 
D)  trespass 
E)  invasion of privacy 
A)  assault 
B)  conversion 
C)  battery 
D)  trespass 
E)  invasion of privacy

Exam 10: Torts Affecting Business

Briefly explain the two affirmative defenses to a negligence claim.

Design defects occur when a product is manufactured according to a manufacturer's standards,but the product injures a user due to its unsafe design.

If defamation is oral,it is called ______.

Many times a battery follows an assault.

How does injurious falsehood differ from defamation of character?

Antonio and Fred are playing soccer when Fred accidently kicks Antonio's shin during a pass.Antonio is seriously injured and is unable to play for at least six months.If Antonio sues Fred,which of the following defenses is Fred most likely to use?

When are punitive damages awarded by courts?

Which of the following acts is an example of malicious prosecution?

Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.

Briefly explain the two types of product defects that give rise to strict products liability.

Penta Corp.convinces the employees of its competitor,Gordon Inc.to break their contracts with Gordon and join Penta.In this case,Penta Corp.has committed the tort of injurious falsehood.

Barry,the CEO of Trenton Corp.,claims that their competitor,BMN Inc.,simply produces a modified version of Trenton's product.He also publicly claims that BMN's products are poor in quality.If the claims made by Barry are untrue,BMN Inc.can sue Barry for the tort of ______.

One of the tort reforms proposed or passed by the states includes providing for the presumption of reasonableness defense in product design cases in which the product meets ______.

A group of students stay back at their school late into the night to party.The security guard finds the students and asks them to leave,but they refuse to do so and threaten the security guard with violence to silence him.This is an example of the tort of ______.

Statner,a doctor,reveals sensitive medical information about Ray,his patient,to the media.As a result,Ray is subject to sympathetic attitude and discrimination at work.He decides to sue Statner.Which of the following statements is true in this case?

Jason borrows Matt's car for a road trip.He meets with an accident on his trip and damages Matt's car.Jason then returns the car to Matt stating that the accident is not his fault and that he is not going to pay for damages.In this scenario,Matt can sue Jason for the tort of ______.

A student drives a rental car into Mexico although the lease specifically prohibits cross-border driving.The car is destroyed in an earthquake while it is parked in a parking lot in Mexico City.Briefly discuss the rights of the rental company in this case.

Misuse is a defense that defendants commonly raise in product liability cases.

A(n)______ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of ______.

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Litigation

Alternative Dispute Resolution

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Intellectual Property

International Law

Criminal Law and Business

Business Organizations

The Regulatory Process

Regulating Competitionantitrust Laws

Financial and Securities Regulations

Regulations Protecting Consumer Purchases, privacy, and Financial Activities

Environmental Regulation

Discrimination in Employment

Employment Laws

Labormanagement Relationship

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