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Q:
Tony has admired Ann for months, but he has never talked to her. One day, Tony walks up to Ann and gives her a hug and a kiss. Ann is angry and decides to sue Tony. Tony has committed the tort of:
A. duress.
B. conversion.
C. battery.
D. negligence.
E. fraud.
Q:
Brooke has fallen asleep on the beach. Eight guys get into a circle around her and one gets real close and screams, "snake" into her ear. When she jumps up screaming in fright, they all start laughing at her. What tort have they committed?
A. Battery
B. Assault
C. Disparagement
D. Defamation
E. Conversion
Q:
Teresa, the manager at Victor Co., warned Gray, who has performed poorly throughout the year that he would lose his job if he did not perform well. Later that evening, Gray is angry with Teresa and sends her an e-mail from an anonymous address, threatening to harm her when she is on her way home tomorrow. The next day, Gray realizes his mistake, and attempts to apologize to Teresa, who was petrified after reading the mail and spent the entire night in office. Teresa can sue Gray for:
A. assault.
B. battery.
C. conversion.
D. false arrest.
E. fraud.
Q:
During an ice hockey game, Claude silently skates up to Gordie from behind and hits him over the head with his stick. Claude is promptly thrown out of the game and suspended by the league. Gordie is not injured because he is wearing a helmet. If Gordie sues Claude, Claude would be guilty of:
A. assault.
B. battery.
C. intentional infliction of mental distress.
D. undue influence.
E. invasion of privacy.
Q:
Frequent, abusive, threatening phone calls by creditors are most likely to provide the basis for a claim of _____.
A. invasion of privacy
B. malicious representation
C. misrepresentation
D. false imprisonment and malicious prosecution
E. intentional infliction of mental distress
Q:
The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called dram shop acts.
Q:
Compensatory damages are sometimes called exemplary damages.
Q:
Which of the following is true of tort law?
A. The law of tort itself is criminal rather than civil.
B. Tort law typically deals with breach of contract.
C. It protects people from being tried twice for the same crime.
D. It provides compensation to those workers who have been injured on the job.
E. It sets limits on how people can act and use their resources.
Q:
For a successful assumption-of-the-risk defense, assumption of the risk may be implied from the circumstances, or it can arise from an express agreement.
Q:
Strict liability is a catchall phrase for the legal responsibility for injury-causing behavior that is either intentional or negligent.
Q:
Negligence takes place when one who has a duty to act reasonably acts carelessly and causes injury to another.
Q:
The negligence of professionals is called malpractice.
Q:
"Proximate cause" represents the proposition that those engaged in activity are legally liable only for the foreseeable risk that they cause.
Q:
The defense comparative negligence absolutely bars the plaintiff from recovery if the plaintiff's own fault contributed to the injury.
Q:
It is important to a successful assumption-of-the-risk defense that the assumption was voluntary.
Q:
Defamatory remarks are presumed false unless the defendant can prove their truth.
TRUE
Defamatory remarks are presumed false unless the defendant can prove their truth.
Q:
Injurious falsehood involves the publication of untrue statements that disparage the business owner's product or its quality.
TRUE
Injurious falsehood, sometimes called trade disparagement, is a common business tort. It consists of the publication of untrue statements that disparage the business owner's product or its quality.
Q:
Injurious falsehood is also called false imprisonment.
FALSE
Q:
Defamation is the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule.
TRUE
Q:
Written defamation, or defamation published over radio or television, is termed slander.
Q:
If a professor, during a class, accuses a student of being a thief when in truth the student had never stolen anything in his life, the professor is guilty of libel.
Q:
Individuals as well as corporations are allowed to sue for defamation.
Q:
The tort of trespass arises only when a defendant damages the property of the plaintiff.
Q:
News media are protected under the First Amendment when they publish information about public figures and public officials.
Q:
Your roommate is away for the weekend and you take her Accounting 101 book to study in the library. You have not taken her permission but you intend to return the book before she returns so you don't think that it would matter. While you are in the library, the book is stolen. In this situation, your roommate can sue you for battery.
Q:
You are guilty of the tort of conversion if you purchase stolen goods, even if you didn't know that they are stolen.
Q:
Malicious prosecution arises from causing someone to be arrested criminally without proper grounds.
Q:
False imprisonment involves intentional unjustified confinement of a nonconsenting person.
TRUE
Claims of false imprisonment stem most frequently in business from instances of shoplifting. This tort is the intentional unjustified confinement of a nonconsenting person.
Q:
A defendant can be found liable for a strict liability tort even though the defendant neither intentionally nor negligently caused the harm.
Q:
One is not liable for another's injury unless he or she has a duty toward the person injured.
Q:
An assault is an illegal touching of another.
Q:
Touching can constitute a battery only when it causes physical injury.
Q:
The parol evidence rule states that parties to a complete and final written contract can introduce oral evidence in court that changes the intended meaning of the written terms.
Q:
Oral evidence that changes the meaning of written terms can be given if necessary to prevent fraud.
Q:
A tort is any civil wrong other than a breach of contract.
Q:
Rita was drunk while driving her car and she hit Ana's car. This makes Ana a tortfeasor.
Q:
How can frolic and detour be used as a defense by an employer in case of respondeat superior?
Q:
Andrea was injured when her car was hit by a truck driven recklessly. The driver, Antonio, an employee of the Azo Trucking Company fled the scene. On what basis may Andrea sue the Azo Trucking Company when Antonio was the individual being reckless?
Q:
When only one of the parties drafts (writes) a contract, courts will interpret ambiguous or vague terms against the party that drafts them.
Q:
What is trading and nontrading partnership?
Q:
Explain the theory of respondeat superior.
Q:
Discuss implied and apparent authority.
Q:
On April 1st, Billy Bob passes a gun store and sees an AK-47 automatic rifle in the window on sale. Thinking that it would be perfect for hunting squirrels, he asks about the gun and the store owner says that he has a crate of them. He tells Billy Bob that the sale is good for one more week. Billy Bob gives the owner a deposit of $100 to hold one for him till payday. On April 4th, the state legislature passes a statute banning private ownership of automatic weapons. When Billy Bob goes into the store on April 5th is he entitled to purchase the weapon? Explain.
Q:
Discuss mitigation.
Q:
With regard to remedies available for breach of contract, when would compensatory and consequential damages apply and when might an injured party seek specific performance?
Q:
How do legal remedies differ from contractual remedies regarding breach of contract?
Q:
Explain the three fold approach to the agency relationship.
Q:
What is the difference between a waiver and a release?
Q:
Mention the most common ways to achieve a discharge.
Q:
Explain divisibility of performance.
Q:
Name a few remedies available for breach of contract.
Q:
What are UCC gap-filling provisions? Give an example and explain how and why they are applied?
Q:
What is delivery?
Q:
What does tender performance mean?
Q:
Discuss substantial performance?
Q:
Explain what is impossibility of performance.
Q:
Explain how condition precedent and condition subsequent affect a contract?
Q:
When may oral evidence be introduced after a written contract has been agreed to?
Q:
If a contract contains ambiguous terms, how will the court interpret and resolve the ambiguities?
Q:
Discuss the parol evidence rule?
Q:
Sosa signs a health club membership contract based on the salesperson's statements that the contract is cancellable at any time. Later, when Sosa applies for a cancellation of the membership, she is informed that the contract is non-cancellable. Discuss if Sosa can give oral evidence in the court for a written contract in this case.
Q:
Any time an employee is liable for tortious acts in the scope of employment, the employer is also liable. This is because of the tort doctrine of _____.
A. negotiation
B. juriscience
C. respondeat superior
D. frolic and detour
E. liability
Q:
Which of the following is true of the doctrine of respondeat superior?
A. An employee may be held liable under tort law for the torts committed by his/her employer, while the employee was working at the organization.
B. An employer will be held liable for the actions of an employee who is on a frolic and detour.
C. An employee working with an organization and having committed a tort can be held liable for even though he/she did not intend the harm.
D. Torts committed by an employee working for an organization will result in the employee and the employer being held liable under tort law.
E. An organization is not held liable under tort law for the torts committed by its employees during their work tenure at the organization.
Q:
Which of the following is an example of a tortious act in the scope of employment?
A. At a law firm, a lawyer and his client get into a heated argument over the passing of a women's bill.
B. A professor hits a student each time the student fails to finish his schoolwork.
C. A store manager and a customer have a fist fight over which football team will win the World Cup.
D. An executive gets involved in an argument with another business associate over vegetarianism.
E. A seller and a buyer argue over the price of a washing machine, trying to arrive at a discounted amount.
Q:
Leslie is on his way to meet his girlfriend, when he meets with a car accident. Leslie's over speeding causes the accident and injures two other people involved in it. Which of the following is true of this situation as per the doctrine of respondeat superior?
A. Leslie was acting within the scope of employment; hence his employer is liable for Leslie's tort.
B. Since this was an accident, no one will be held liable.
C. Leslie was on a frolic and detour when the accident occurred; hence the employer is not liable for the accident.
D. Since the accident was an intentional tort by Leslie, the employer will not be held liable.
E. Leslie's employer will be held liable for all of Leslie's actions, but can sue Leslie for a reimbursement.
Q:
Which of the following is true in case an employee carries a respondeat superior insurance?
A. The employer can sue the employee for reimbursements.
B. The employee will be held liable for the employer's torts, while working with the employer.
C. The insurer who has paid the respondeat superior claim will sue the employee who caused the claim.
D. The employee is entitled to receive respondeat superior claims from the employer.
E. An employer will be held liable for an employee's tortious acts whether or not they are in the scope of employment.
Q:
_____ can be inferred from the acts of an agent who holds a position of authority or who had actual authority in the previous situation.
A. Principal authority
B. Legal authority
C. Situational authority
D. Implied authority
E. Apparent authority
Q:
Acme Corporation is being sued by Howard Bank for $50,000 borrowed by Samantha, the Chief Financial Officer of Acme. Acme had granted a written authority to Samantha to borrow only $50,000. However, a week later, Samantha resigns from the company, and in the name of Acme, borrows an additional $50,000 for personal reasons. If Acme denies the liability of this debt and files a lawsuit against Samantha, which of the following is most likely to be the court's decision?
A. Acme will be excused from the liability based upon the fact that it had authorized Samantha only for $50,000.
B. Acme will be excused from the liability based upon the fact that Samantha was not an agent for Acme.
C. Samantha was not granted authority by Acme to enter into this specific transaction, hence Samantha will be held liable for a tort.
D. Samantha will be liable to pay the debt, since she did not take the loan for the benefit of the company.
E. Acme will have to pay the debt as it allowed Samantha to have apparent authority to borrow the additional amount.
Q:
A partner in a _____ partnership is one engaged in the business of buying and selling commodities, has the implied authority to borrow money in the usual course of business and to pledge the credit of the firm.
A. trading
B. superior
C. traditional
D. business
E. nontrading
Q:
_____ occurs when a principal voluntarily decides to honor an agreement, which otherwise would not be binding due to an agent's lack of authority.
A. Novation
B. Ratification
C. Negotiation
D. Release
E. Waiver
Q:
Omi works as a cashier for Trinity Grocery Store. Omi believes that a customer is attempting to use counterfeit money to make a purchase and gets into a fist fight with the customer who truthfully denies using counterfeit money. Is Trinity liable for injuries the customer received in the fist fight?
A. Yes, if Omi reasonably intended to further Trinity's business interests.
B. Yes, since Trinity gave Omi apparent authority.
C. No, since this was a personal incident not related to work.
D. Yes, since Trinity supplied the instrumentality for the action.
E. No, since a fist fight is outside the scope of employment.
Q:
An agent who causes harm to a third party may create legal liability owed by the principal to the third party. This liability is known as:
A. product liability
B. contractual liability
C. principal liability
D. professional liability
E. vicarious liability
Q:
Herman writes a note to Gerard, the manager of the neighborhood grocery store, asking him to allow Bernard, Herman's restaurant manager, to charge $500 worth of groceries to the restaurant's account at the grocery store. This is an example of which of the following?
A. Nontrading partnership
B. Apparent authority
C. Implied authority
D. Expressed authority
E. Actual authority
Q:
The purposeful reduction of damages, usually the responsibility of the nonbreaching party, is known as _____.
A. mitigation
B. negotiation
C. waiver
D. release
E. novation
Q:
Principals hire _____ to do tasks and represent them in transactions.
A. contractors
B. agents
C. third parties
D. organizations
E. suppliers
Q:
Radford Co. hired Leeds Associates, a law firm, to manage their legal matters. In this contract, Leeds Associated is a/an _____.
A. principal
B. agent
C. third party
D. independent contractor
E. cyber agent
Q:
Which of the following is true according to the Uniform Electronic Transactions Act?
A. A principal can be bound by a contract created by a cyber agent, only if the principal is aware of the contract.
B. A principal can be bound by a contract created by a cyber agent, even if the principal is unaware of the contract.
C. A principal can be bound by a contract created by a cyber agent, only if the principal is aware of the contract and manifests assent to the contract.
D. A principal can be bound by a contract created by a cyber agent, even if the principal is unaware of the creation of a cyber agent.
E. A principal can be bound by a contract created by a cyber agent, only if the action of one electronic agent is involved.
Q:
Jenna has contracted with Ebenezer to buy his land for $50,000. Jenna has paid the amount in full. However, Ebenezer has not transferred the land to Jenna. Which of the following remedies is the court most likely to enforce in case Jenna files a suit?
A. Arbitration
B. Consequential damages
C. Rescission
D. Liquidated damages
E. Specific performance
Q:
Which of the following is true of liquidated damages?
A. A small amount is awarded by the court to the plaintiff for a breach of contract which causes no financial injury to the plaintiff.
B. Damages awarded by the court arising from unusual losses, which the parties knew would result from breach of contract.
C. Damages awarded by the court to put the plaintiff in the same position as if the contract had been performed.
D. Damages specified in the contract, where real damages for breach of contract are likely to be uncertain.
E. Courts will enforce these "liquidated" damages to penalize the defendant.
Q:
Which of the following remedies is used in fraud or misrepresentation cases?
A. Arbitration
B. Rescission
C. Consequential damages
D. Liquidated damages
E. Specific performance