Marissa Boretz
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Quiz on Business Law Exam 2, created by Marissa Boretz on 09/11/2014.

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Business Law Exam 2

Question 1 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 2 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 3 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 4 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 5 of 106

1

Strict liability is one type of tort

Select one of the following:

  • True
  • False

Explanation

Question 6 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 7 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 8 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 9 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 10 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 11 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 12 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 13 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 14 of 106

1

Commercial exploitation is a form of invasion of privacy.

Select one of the following:

  • True
  • False

Explanation

Question 15 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 16 of 106

1

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.

Select one of the following:

  • True
  • False

Explanation

Question 17 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 18 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 19 of 106

1

Truth is not a defense to defamation.

Select one of the following:

  • True
  • False

Explanation

Question 20 of 106

1

Product disparagement is a form of defamation.

Select one of the following:

  • True
  • False

Explanation

Question 21 of 106

1

Malice is always a required element of defamation.

Select one of the following:

  • True
  • False

Explanation

Question 22 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 23 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 24 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 25 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 26 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 27 of 106

1

Plaintiffs are typically awarded punitive damages in negligence cases.

Select one of the following:

  • True
  • False

Explanation

Question 28 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 29 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 30 of 106

1

Governments are generally immune from tort liability.

Select one of the following:

  • True
  • False

Explanation

Question 31 of 106

1

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

Select one of the following:

  • criminal action

  • tort

  • crime

  • de mala

Explanation

Question 32 of 106

1

Concerning torts and crimes, choose the correct statement:

Select one of the following:

  • every tort is a crime

  • every crime is a tort

  • no crime is a tort

  • a crime may also be a tort

Explanation

Question 33 of 106

1

Torts arise from a violation of a ____ duty.

Select one of the following:

  • public

  • private

  • contractual

  • criminal

Explanation

Question 34 of 106

1

Torts are classified as:

Select one of the following:

  • intentional only

  • negligence only

  • strict liability only

  • intentional, negligence and strict liability

Explanation

Question 35 of 106

1

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

Select one of the following:

  • an intentional tort

  • negligence

  • strict liability

  • absolute liability

Explanation

Question 36 of 106

1

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

Select one of the following:

  • any amount of time

  • at least one minute

  • at least ten minutes

  • at least one hour

Explanation

Question 37 of 106

1

A shopkeeper may lose the shopkeeper’s privilege if:

Select one of the following:

  • the customer is kept an unreasonable amount of time

  • the shopkeeper acted with reasonable suspicion.

  • the shopkeeper acted with necessary force.

  • all of the above

Explanation

Question 38 of 106

1

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:

Select one of the following:

  • defamation

  • wrongful interference with a contract

  • intentional infliction of emotional distress

  • tresspass

Explanation

Question 39 of 106

1

The tort of invasion of privacy includes:

Select one of the following:

  • intrustion into private affairs

  • public disclosure of private facts

  • misappropriation of another's name

  • all of the above

Explanation

Question 40 of 106

1

Defamation of a public figure requires what additional element

Select one of the following:

  • Intent

  • Malice

  • Causation

  • None of the above

Explanation

Question 41 of 106

1

Which of the following is a defense to defamation?

Select one of the following:

  • slander

  • libel

  • truth

  • all of the above

Explanation

Question 42 of 106

1

Oral or spoken defamation is

Select one of the following:

  • slander

  • libel

  • privilege

  • perjury

Explanation

Question 43 of 106

1

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

Select one of the following:

  • The statement is made to only a few people

  • libel exists

  • a witness testifies in a court proceedings

  • no intent to harm is present

Explanation

Question 44 of 106

1

Slander of title and trade libel are collectively known as product

Select one of the following:

  • Divestiture

  • Disparagement

  • Dilution

  • Diversion

Explanation

Question 45 of 106

1

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

Select one of the following:

  • Libel

  • product disparagement

  • contract interference

  • intentional infliction of emotional distress

Explanation

Question 46 of 106

1

Trespass applies to

Select one of the following:

  • personal property only

  • land only

  • both personal property and land

  • only government-owned property

Explanation

Question 47 of 106

1

Trespass to personal property requires

Select one of the following:

  • the personal property to be connected to real property

  • destroying the personal property

  • the invasion of personal property regardless of whether the owner grants permissions

  • the invasion of personal property without the permission of the owner

Explanation

Question 48 of 106

1

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

Select one of the following:

  • negligence

  • absolute liability

  • violation of statue

  • assumption of risk

Explanation

Question 49 of 106

1

The degree of care required of a person is

Select one of the following:

  • that degree of care the person exercised in the situation at hand.

  • that degree of care an extraordinary person would exercise under similar circumstances.

  • that degree of care an ordinarily prudent person would exercise under similar circumstances.

  • none of the above

Explanation

Question 50 of 106

1

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

Select one of the following:

  • a reasonable person

  • a reasonable professional in the same business

  • an extraordinarily careful person

  • none of the above

Explanation

Question 51 of 106

1

Comparative negligence

Select one of the following:

  • has been rejected by most of the states.

  • allows a comparison of negligence between plaintiff and defendant.

  • only applies when the plaintiff has signed a release.

  • is a bar to recovery under common law.

Explanation

Question 52 of 106

1

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?

Select one of the following:

  • criminal

  • contributory

  • personal

  • prejudicial

Explanation

Question 53 of 106

1

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

Select one of the following:

  • compensatory

  • consequential

  • nominal

  • punitive

Explanation

Question 54 of 106

1

The concept of immunity from liability means that:

Select one of the following:

  • one who harms another can be held liable only for voluntary acts.

  • certain persons are not subject to tort liability.

  • one who harms another without intending to do so is not subject to tort liability.

  • one who harms a child can never be sued by the parents of the injured child.

Explanation

Question 55 of 106

1

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?

Select one of the following:

  • stict liability

  • negligence

  • both a. and b.

  • neither a. nor b

Explanation

Question 56 of 106

1

A contract is essentially an agreement that creates an obligation.

Select one of the following:

  • True
  • False

Explanation

Question 57 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 58 of 106

1

A contract can only involve two parties.

Select one of the following:

  • True
  • False

Explanation

Question 59 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 60 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 61 of 106

1

An offeror makes an offer to an offeree.

Select one of the following:

  • True
  • False

Explanation

Question 62 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 63 of 106

1

Negotiable instruments are examples of formal contracts.

Select one of the following:

  • True
  • False

Explanation

Question 64 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 65 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 66 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 67 of 106

1

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.

Select one of the following:

  • True
  • False

Explanation

Question 68 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 69 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 70 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 71 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 72 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 73 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 74 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 75 of 106

1

A bilateral contract is essentially an exchange of promises.

Select one of the following:

  • True
  • False

Explanation

Question 76 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 77 of 106

1

A contract never can be both executory and unilateral.

Select one of the following:

  • True
  • False

Explanation

Question 78 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 79 of 106

1

Quasi contracts are contracts.

Select one of the following:

  • True
  • False

Explanation

Question 80 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 81 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 82 of 106

1

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.

Select one of the following:

  • True
  • False

Explanation

Question 83 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 84 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 85 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 86 of 106

1

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

Select one of the following:

  • True
  • False

Explanation

Question 87 of 106

1

A contract is

Select one of the following:

  • a binding agreement

  • an agreement creating an obligation

  • an agreement that creates enforceable duties and obligations

  • all of the above

Explanation

Question 88 of 106

1

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

Select one of the following:

  • an agreement

  • two or more competent parties

  • consideration

  • an illegal purpose

Explanation

Question 89 of 106

1

The subject matter of a contract may relate to:

Select one of the following:

  • the performance of personal services

  • the construction of a house

  • the transfer of ownership of property

  • all of the above

Explanation

Question 90 of 106

1

The promisor in a contract may also be called the:

Select one of the following:

  • obligor

  • grantor

  • obligee

  • grantee

Explanation

Question 91 of 106

1

A party to a contract may be:

Select one of the following:

  • an individual

  • a partnership

  • a corporation

  • all of the above

Explanation

Question 92 of 106

1

A contract requires

Select one of the following:

  • an offer

  • an acceptance

  • both an offer and acceptance

  • an agreement manifested by the written or spoken words of the parties

Explanation

Question 93 of 106

1

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

Select one of the following:

  • grantor; grantee

  • grantee; grantor

  • offeror; offeree

  • offeree; offeror

Explanation

Question 94 of 106

1

A contract of record is also referred to as a:

Select one of the following:

  • recognizance

  • reconnaissance

  • recording contract

  • none of the above

Explanation

Question 95 of 106

1

Negotiable instruments are:

Select one of the following:

  • formal contracts

  • informal contracts

  • option contracts

  • first-refusal agreements

Explanation

Question 96 of 106

1

An implied contract is shown by:

Select one of the following:

  • a writing

  • the acts and conduct of the parties

  • statements made in open court

  • an exchange of oral promises

Explanation

Question 97 of 106

1

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

Select one of the following:

  • void agreement

  • revoked contract

  • voidable contract

  • optional agreement

Explanation

Question 98 of 106

1

An executory contract is:

Select one of the following:

  • void if neither party has performed

  • voidable

  • entered into but not fully performed

  • always unilateral in nature

Explanation

Question 99 of 106

1

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

Select one of the following:

  • void agreement

  • executory contract

  • executive contract

  • executed contract

Explanation

Question 100 of 106

1

A bilateral contract consists of a:

Select one of the following:

  • promise for an act

  • promise for refraining from acting

  • promise for a promise

  • promise to contract

Explanation

Question 101 of 106

1

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

Select one of the following:

  • unilateral contract

  • bilateral contract

  • quasi contract

  • formal contract

Explanation

Question 102 of 106

1

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

Select one of the following:

  • be an obligor

  • be able to avoid the contract

  • not be in privity of the contract

  • be an agent for the other side

Explanation

Question 103 of 106

1

The main thrust of the quasi contract is to:

Select one of the following:

  • encourage the making of written contracts

  • prevent enrichment

  • compensate those who voluntarily help others

  • prevent unjust enrichment

Explanation

Question 104 of 106

1

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

Select one of the following:

  • quasi-contractual

  • quasi-enforceable

  • semi-lawful

  • valid

Explanation

Question 105 of 106

1

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.

Select one of the following:

  • concomitant

  • conditional

  • formal

  • first

Explanation

Question 106 of 106

1

The plaintiff in a quasi-contractual action can recover:

Select one of the following:

  • lost profits

  • damages for mental distress

  • the reasonable value of the benefit conferred upon the defendant

  • for all the damages

Explanation

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