Business Law Exam 2

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A victim of a tort may sue and recover money damages.

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"Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”

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If a crime does not hurt an identifiable person, it is not a tort.

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A tort is a wrong arising from a violation of a public duty

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Strict liability is one type of tort

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Careless actions that result in injuries to others usually are not deemed to be torts.

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For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.

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The concept of strict liability is applied without regard to whether the defendant was at fault.

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Assault is the intentional, wrongful touching of another person without that person’s consent.

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The tort of false imprisonment requires the detention of a person without his or her consent.

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Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.

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The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

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The tort of invasion of privacy always requires the misappropriation of another's name or likeness.

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Commercial exploitation is a form of invasion of privacy.

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Offensive or derogatory language used by one person to describe another constitutes the tort of slander.

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In terms of defamation liability, members of the United States Congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House of Representatives.

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Libel is the printed equivalent of the spoken form of defamation known as slander.

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The media enjoy a qualified privilege for stories that turn out to be false.

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Truth is not a defense to defamation.

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Product disparagement is a form of defamation.

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Malice is always a required element of defamation.

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A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.

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The use of someone’s car without that person’s permission is a trespass to personal property.

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Today, the widest range of tort liability arises in the field of negligence.

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To determine whether the defendant is liable for negligence, a reasonable person standard is employed.

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Professionals have a duty to perform their functions at the same level as would a reasonable person.

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Plaintiffs are typically awarded punitive damages in negligence cases.

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When contributory negligence is proven, damages awarded as reduced based on the plaintiff’s degree of fault.

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The assumption of risk defense has been abolished in several states.

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Governments are generally immune from tort liability.

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A wrong that arises from a violation of a private duty is called a:

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Concerning torts and crimes, choose the correct statement:

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Torts arise from a violation of a ____ duty.

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Torts are classified as:

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Without meaning to, Alice carelessly strikes Mary. Mary may be able to sue Alice for:

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In order to establish the tort of false imprisonment, a person must show imprisonment for:

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A shopkeeper may lose the shopkeeper’s privilege if:

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John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

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The tort of invasion of privacy includes:

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Defamation of a public figure requires what additional element

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Which of the following is a defense to defamation?

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Oral or spoken defamation is

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An absolute privilege is available as a defense to slander liability when:

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Slander of title and trade libel are collectively known as product

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Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?

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Trespass applies to

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Trespass to personal property requires

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The widest range of tort liability arises in the area of:

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The degree of care required of a person is

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Professionals have a duty to perform their jobs at the level of:

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Comparative negligence

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If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?

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What type of damages is recoverable when the defendant’s tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?

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The concept of immunity from liability means that:

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What form of tort liability was developed to provide guaranteed protection for those who are injured by conduct the law deems both serious and inexcusable?

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A contract is essentially an agreement that creates an obligation.

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Because transfer of value is essential to a valid contract, contracts cannot arise in the performance of personal services.

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A contract can only involve two parties.

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A person who makes a promise is the promisor, while a person to whom the promise is made is the promisee.

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Only the parties who signed the original contract can have rights with respect to that contract.

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An offeror makes an offer to an offeree.

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The law requires parties to be fair and reasonable in the making of a contract.

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Negotiable instruments are examples of formal contracts.

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A contract for an amount greater than $1 million must be made under seal or it is not binding.

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A recognizance is an agreement by which one party admits or recognizes that a specified sum of money is owed to another party.

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An express contract is one in which the agreement is shown by the acts and conduct of the parties.

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An implied contract is one in which the agreement is shown not by words, written or spoken, but by the acts and conduct of the parties.

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The effect of an implied contract is not the same as the effect of an express contract.

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A void contract is one that is otherwise valid but may be rejected or set aside by one of the parties.

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An agreement that contemplates the performance of an act prohibited by law is usually void.

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An executory contract is an agreement by which something remains to be done by one or both parties.

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An executed contract is an agreement that has been completely performed.

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When a contract is fully performed by one party, it is called a unilateral contract.

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When a contract is fully performed by one party, it is called a unilateral contract.

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A bilateral contract is essentially an exchange of promises.

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With regard to a unilateral contract, the offeree does not accept the offer by express agreement, but rather by performance.

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A contract never can be both executory and unilateral.

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An option contract gives one of the parties an absolute right to enter into a second contract at a later date.

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Quasi contracts are contracts.

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The principle behind the quasi contract is to prevent unjust enrichment.

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A quasi contract may arise in a situation in which no contract exists.

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Whenever a person receives a benefit for which payment has not been made, there is an unjust enrichment and the value of such benefit must be paid to the person conferring the benefit.

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Quasi-contractual liability will generally be imposed when the cost of performing a contract is greater than had been expected.

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When a contract sets a price for services rendered, a plaintiff cannot sue for reasonable value.

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The greatest risk to purchasing online is providing your credit card information to the seller.

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When purchasing from a website, the website terms generally become the contract of the parties and are legally enforceable.

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A contract is

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The elements of a contract include all of the following except:

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The subject matter of a contract may relate to:

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The promisor in a contract may also be called the:

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A party to a contract may be:

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A contract requires

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An agreement arises when one person, the , makes an offer and the other person to whom the offer is made, the , accepts.

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A contract of record is also referred to as a:

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Negotiable instruments are:

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An implied contract is shown by:

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A legally binding agreement that can be rejected at the option of one of the parties is called a(n):

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An executory contract is:

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A contract under which one or both parties have not yet fully performed is termed a(n):

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A bilateral contract consists of a:

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An offer of a reward for the arrest and conviction of a criminal is an example of a:

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In a bilateral contract, each party will be a promisor and, therefore, each party will:

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The main thrust of the quasi contract is to:

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An obligation to pay for the reasonable value of services rendered when there is no contract would be called:

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A right of __________ refusal is the right of a party to meet the terms of a proposed contract before it is executed, such as a real estate purchase agreement.

Quiz am Business Law Exam 2, erstellt von Marissa Boretz am 09/11/2014.

Business Law Exam 2

A victim of a tort may sue and recover money damages.

"Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”

If a crime does not hurt an identifiable person, it is not a tort.

A tort is a wrong arising from a violation of a public duty

Strict liability is one type of tort

Careless actions that result in injuries to others usually are not deemed to be torts.

For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.

The concept of strict liability is applied without regard to whether the defendant was at fault.

Assault is the intentional, wrongful touching of another person without that person’s consent.

The tort of false imprisonment requires the detention of a person without his or her consent.

Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.

The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

The tort of invasion of privacy always requires the misappropriation of another's name or likeness.

Commercial exploitation is a form of invasion of privacy.

Offensive or derogatory language used by one person to describe another constitutes the tort of slander.

In terms of defamation liability, members of the United States Congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House of Representatives.

Libel is the printed equivalent of the spoken form of defamation known as slander.

The media enjoy a qualified privilege for stories that turn out to be false.

Truth is not a defense to defamation.

Product disparagement is a form of defamation.