Q&A Hero

Q: Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration.

Q: Guy and Hanna do business as G-H Associates. If G-H is a partnership, it is governed by the Uniform Partnership Act a. in the absence of an express agreement. b. in the absence of an implied agreement. c. only in the presence of an express agreement. d. under all circumstances.

Q: In a limited partnership, a general partner's dissociation from the firm may lead to dissolution.

Q: A syndicate may exist in the form of a partnership but not a corporation.

Q: A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event.

Q: A cooperative may take the form of a corporation.

Q: An assignment of the interest of a limited partner dissolves a limited partnership.

Q: An assumption of risk defense does not require knowledge of the risk.

Q: The participants in a joint venture have more implied and apparent authority than the partners in a partnership.

Q: In a limited partnership, a general partner has full responsibility for the partnership and for all its debts.

Q: A person assumes all risks associated with any activity in which he or she participates.

Q: A joint venture does not terminate unless one of its participants dies.

Q: In a limited partnership, a limited partner has full responsibility for the partnership and for all its debts.

Q: In theory, causation in fact is limitless.

Q: Unless otherwise agreed, the participants in a joint venture share its profits equally.

Q: Punitive damages are intended to punish a wrongdoer and deter others.

Q: In a limited partnership, a limited partner is liable for all partnership debts.

Q: A joint venture is taxed like a partnership.

Q: Omega Communications, Inc., is an Internet service provider. Product Promotions, Inc., spams Omega's customers, some of whom then cancel Omega's services. On what ground could Omega recover damages from Product Promotions?

Q: In a limited liability partnership, a partner can be exempt from personal liability for the malpractice of other partners.

Q: Eagle Engineering, Inc., and Fast Code Corporation market competitive software products. Eagle launches an advertising campaign in which Eagle claims that Fast Code, instead of testing its software before it is marketed, has its customers "test" the software by using it. Fast Code knows this is not true but begins to lose sales to Eagle. On what grounds could Fast Code sue Eagle for to Fast Code's reputation?

Q: A limited liability partnership allows its partners to avoid personal liability for the malpractice of other partners.

Q: Giving control of a joint venture to one of its participants does not affect the status of the relationship.

Q: April posts a defamatory note about Brad in an online newsgroup maintained by Comp Online, Inc., an Internet service provider. Most likely to be held liable for the remark is a. April and Comp USA. b. April only. c. Comp USA only. d. neither April nor Comp USA.

Q: If a partnership's liabilities are greater than its assets, the partners bear the losses.

Q: Unless otherwise agreed, the participants in a joint venture have an equal voice in controlling the enterprise.

Q: The dissociation of a mem­ber of a limited liability company in violation of the operating agreement is legally wrongful.

Q: Macro, Inc., believes that Micro Corporation is using Macro's trade secrets on Micro's server, without its consent. Macro takes Micro's server from Net Service Company without Micro's consent and keeps it for two years. Macro's most likely successful defense in a tort action would be a. consent. b. "danger invites rescue" doctrine. c. necessity. d. privilege.

Q: Any event that makes its unlawful for a partnership to continue its business will result in dissolution.

Q: Most limited liability company statutes have strict provisions regu­lating members' meetings.

Q: Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for a. appropriation. b. conversion. c. disparagement of property. d. wrongful interference with a business relationship.

Q: A partner may dissociate from a partnership by declaring bankruptcy..

Q: On a partner's dissociation, his or her duty of loyalty to the partnership ends.

Q: In a limited liability company, members do not have to participate in its manage­ment.

Q: City Times, a newspaper, knowingly publishes an article falsely stating that the inventory of Walco, a discount store, consists of stolen goods. City Times is liable for a. defamatory mischief. b. malicious mischief. c. slander of quality. d. slander of title.

Q: Fred files a suit against Gail for conversion of property that Fred asserts he owns. Gail will not be liable if she can show that a. Fred does not intend to use the property. b. Fred has no interest in the property. c Gail has no interest in the property. d. Gail intended to return the property.

Q: In a limited liability company, members cannot participate in its management.

Q: A partnership ends if one partner dissociates from the firm.

Q: Bill enters onto Cindy's property to help Donna, who is in danger. Cindy charges Bill with trespass to land. Bill has a. a complete defense. b. a partial defense. c. a possible defense. d. no defense.

Q: In a limited liability company, members must participate in the manage­ment of the company.

Q: A partner always has the power and the right to dissociate from the partnership.

Q: Most limited liability company (LLC) statutes provide that unless the members agree otherwise, all profits of the LLC will be divided equally.

Q: In a general partnership, the partners are personally liable for the debts of the partnership.

Q: Delta Corporation uses a bot to continually comb the Web site of Gamma, Inc., for information and its updates. Under the reasoning of the court in Case 6.2, Register.com, Inc. v. Verio, Inc., if Delta has committed a tort, it is most likely because a. Delta got caught. b. Delta's activities could lead to a crash of Gamma's computer system. c. Gamma did not foresee this use of a bot. d. Gamma's activities led to Delta's use of this bot.

Q: A limited liability company is required to have an operating agreement.

Q: A third party cannot sue one of the partners of a partnership without suing all of the partners of the partnership.

Q: As a joke, Adam takes Beth's business law book and hides it so that Beth cannot find it during the week before the exam. Adam may have committed a. appropriation. b. conversion. c. intentional infliction of emotional distress. d. trespass to personal property.

Q: In a general partnership, the acts of one partner in the ordinary course of business subjects both the partner and the firm to liability.

Q: An operating agreement for a limited liability company need not be in writing.

Q: Lon trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Lon until the police arrive. Mega is liable for a. assault and battery. b. false imprisonment. c. intentional infliction of emotional distress. d. none of the above.

Q: Phil invites Quinn onto his land. Quinn commits trespass if a. Phil asks Quinn to leave and Quinn refuses. b. Quinn enters the property in the evening. c. Quinn makes disparaging remarks about Phil to third parties. d. the property is damaged during the visit.

Q: A partner is entitled to make secret profits or put self-interest before his or her duty to the interest of the partnership.

Q: A foreign limited liability company (LLC) is an LLC owned by an entity outside the United States.

Q: Acme Computers, a computer store, takes unethical steps to divert the customers of Cyber Goods, an adjacent competing store. Acme may be liable for a. appropriation. b. wrongful interference with a business relationship. c. wrongful interference with a contractual relationship. d. none of the above.

Q: A partner owes to the partnership and the other partners a duty of care.

Q: A limited liability company cannot be taxed as a partnership.

Q: For federal income tax purposes, a limited liability company can choose to be taxed like a corporation.

Q: Auto Maker, Inc., uses, in its television ads, a recording by Britney. For this use, Auto pays a fee to the owner of the rights to the recording. Over time, the song comes to be associated with Auto's products. Britney resents this association and sues Auto. Auto has committed a. appropriation. b. wrongful interference with a business relationship. c. wrongful interference with a contractual relationship. d. none of the above.

Q: A partner owes to the partnership and the other partners a duty of loyalty.

Q: A partner is a co-owner of partnership property.

Q: A limited liability company limits the personal liability of its members.

Q: Adam, a bakery products salesperson, follows Blythe, a salesperson for a competitor, as she attempts to make sales to food stores. Adam solicits each of Blythe's customers. Adam is most likely liable for wrongful interference with a. a bargaining relationship. b. a business relationship. c. a contractual relationship. d. a customer relationship.

Q: The members, managers, and agents of a limited liability company are liable for its obligations by virtue of their status.

Q: Lana accuses Megan of fraud. Normally, the reliance that gives rise to fraud is based on a statement of a. fact. b. illusion. c. law. d. opinion.

Q: Each partner in a partnership has the right to full and complete information concerning the conduct of all aspects of partnership business.

Q: Dan writes, falsely, that Eve is stealing from their employer. The statement is defamatory only if a. a third party reads it. b. Eve suffers emotional distress. c. the statement is phrased in annoying terms. d. the statement is published in the media.

Q: For federal jurisdictional purposes, a limited liability company can choose to be treated like a corporation.

Q: Property acquired by the partnership is the property of the partners individually.

Q: The majority rule controls decisions on ordinary matters connected with partnership business.

Q: Mary is accused of slander. Slander includes a. neither oral nor written defamatory statements. b. oral and written defamatory statements. c. oral defamatory statements only. d. written defamatory statements only.

Q: Forming a limited liability company requires filing articles of organization in a state office.

Q: In a general partnership, all partners have equal rights in managing the partnership.

Q: Mona says, falsely, that Nick is stealing from their employer. The statement is defamatory only if a. a third party hears it. b. Nick suffers emotional distress. c. the statement is made in an annoying manner. d. the statement is published in the media.

Q: Federal law dictates the requirements for the formation of a limited liability company.

Q: Partnership profits must be shared in the same proportion as the partner' investment of capital in the firm.

Q: Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina a. did not actually shoplift. b. had not shoplifted in the past. c. had probable cause to leave the premises. d. was detained for an unreasonably long time.

Q: A limited liability company is a legal entity apart from its owners.

Q: A limited liability company is operated in compliance with state law.

Q: Under no circumstances can a non-partner be regarded as an agent whose acts are binding on the partnership.

Q: Larry files a suit against Myra for assault and battery. Myra can raise the defense of property as a defense to the charge of a. assault only. b. assault or battery. c. battery only. d. neither assault nor battery.