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Business Law- Mindtap Ch 6 and 7

T/F: The basic purpose of tort law is to punish criminal wrongdoers
False
General Damages
Intended to compensate individuals (but not companies) for the non-monetary aspects of the harm suffered from a tort, such as pain and suffering
Compensatory Damages
Intended to compensate or reimburse a plaintiff for actual losses
Special Damages
Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses
Punitive Damages
Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing
Two broad classifications of torts
Intentional torts and unintentional torts
T/F: Because an intentional tort requires intent, a harmful motive is required
False
A person who commits a tort is known as a
Tortfeasor
Assault
Any intentional and unexcused threat of immediate harmful or offensive contact
Battery
An unexcused and harmful or offensive physical contact intentionally performed
Main events of Fraudulent Misrepresentation
1. A misrepresentation of material facts with knowledge of their falsity
2. An intent to cause another party to rely on the misrepresentation
3. Damages suffered as a result of that reliance
4. A causal connection between the misrepresentation and the injury suffered
T/F: In our freely competitive economy, businesses have no limits on how they can attract customers
False
Competing via aggressive marketing and advertising strategies is (not permissible, usually permissible) interference with a business relationship
Usually permissible
T/F: Trespass to land has nothing to do with obtaining permission for use of the land
False
T/F: Trespass to land requires that a person remains on the land
True
For trespass to land to occur you have to ___ onto, above, or below the land surface owned by another
enter
A real property owner must ___ that a person is a trespasser
Establish
A guest in your home is (typically, typically not) a tresspasser
Typically not
T/F: When you borrow a friend’s tablet device and refuse to give it back, you have committed trespass to land
False
Which of the following acts normally do NOT constitute a conversion?

a. Temporarily borrowing a friend’s textbook and then returning it.

b. The taking of electronic records and data without the owner’s permission.

c. Mistakenly believing that you are entitled to goods that are not your own.

a. Temporarily borrowing a friend’s textbook and then returning it.
Slander of Title
Publishing false information about another’s legal ownership of property that results in financial loss to the property’s owner
Disparagement of Property
Occurs when economically injurious falsehoods are made about another’s property or product
T/F: 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.
True
Elements required to succeed in a negligence action in the order in which they are normally consideed
Duty…Breach…Causation…Damages
T/F: The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.
False
Those who enter retail premises are called
Business invitees
Store owners must warn business invitees of
foreseeable risks
A landowner has a duty to discover and remove any ___ dangers to customers or other invitees
hidden
When risks are so ____, owners need not warn of them
Obvious
An attorney’s conduct is judged by the reasonable person standard
False
Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?

a. Was there intent?
b. Is there causation in fact?
c. Was the act the approximate cause of the injury?

a. Was there intent?
T/F: 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?
False
______ may occur if an individual violates a statute providing for a criminal penalty if that violation causes another to be harmed.
Negligence per se
_______ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations
Good Samaritan
________ imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.
Dram Shop Act
Assumption of risk does NOT require

a. knowledge of the risk.
b. seeking out the riskiest activities.
c. voluntary assumption of the risk.

b. seeking out the riskiest activities
T/F: An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.
True
Contributory Negligence
A theory in tort law in which a complaining party’s own negligence contributed to or caused his or her injuries
Comparative Negligence
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
The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is

a. a violation of the U.S. Constitution.
b. a protected interest.
c. an example of tort reform.
d. always a violation of a state constitution.

c. an example of tort reform.
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. libel.
b. battery.
c. infliction of emotional distress.
d. violations of the First Amendment.

c. infliction of emotional distress.
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. appropriation.
c. defamation.
d. wrongful interference with a business relationship.

b. appropriation.
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. no tort.
b. conversion.
c. slander.
d. wrongful interference with a business relationship.

d. wrongful interference with a business relationship.
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, but he has a complete defense.
b. trespass to personal property.
c. no tort.
d. trespass to land.

d. trespass to land.
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. slander of title.
b. malice.
c. wrongful interference with a contractual relationship.
d. slander of quality.

a. slander of title.
Baylee is driving her friend Sarah to the movies. Baylee loses control of the car and crashes into a fence. The vehicle’s airbags deploy, and both Sarah and Baylee are shaken up but not physically injured. Sarah threatens to sue Baylee for negligence. Sarah’s lawsuit is likely to be

a. successful, because Baylee was negligent.
b. unsuccessful, because Sarah was not injured.
c. successful, because Baylee owed Sarah a duty of care.
d. unsuccessful, because Sarah was also negligent.

b. unsuccessful, because Sarah was not injured.
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. dram shop acts.
b. the “danger invites rescue” doctrine.
c. Good Samaritan statutes.
d. the theory of res ipsa loquitur.

c. Good Samaritan statutes.
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. transferred intent.
c. assumption of the risk.
d. consent.

c. assumption of the risk.
Bob was staying at a hotel owned by the Resort Hotels. While a hotel employee was removing luggage from the back seat of Bob’s car, Bob reached into the front seat to get his briefcase. He supported himself by placing his left hand on the center pillar to which the rear door was hinged. The hotel employee closed the rear door, and a part of Bob’s left index finger was amputated. Bob filed a negligence lawsuit against the hotel in a state that adopted a “pure” form of comparative negligence. The court probably found that

a. Bob contributed to his injury and apportioned his damages.
b. Bob contributed to his injury and awarded him nothing in damages.
c. Bob did not contribute to his injury and apportioned his damages.
d. Bob did not contribute to his injury and awarded him full damages.

a. Bob contributed to his injury and apportioned his damages.

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