Question 1

Sending an objectionable telegram to a third party under the False pretenses of another person is an example of ________.

Accepted Answer

A)  invasion of the right to privacy 
B)  assault 
C)  battery 
D)  intentional misrepresentation 
A)  invasion of the right to privacy 
B)  assault 
C)  battery 
D)  intentional misrepresentation

Question 2

Martha is walking along a street with her son when he is hit by a passing car just as he steps off the pavement.He dies in his mother's arms,leaving her traumatized.The court hearing the case rules that Martha's son was "not responsible for the accident." Martha can sue the person who killed her son to recover damages for ________.

Accepted Answer

A)  misappropriation of the right to publicity 
B)  invasion of the right to privacy 
C)  negligent infliction of emotional distress 
D)  malicious prosecution 
A)  misappropriation of the right to publicity 
B)  invasion of the right to privacy 
C)  negligent infliction of emotional distress 
D)  malicious prosecution

Question 3

Strict liability is imposed for abnormally dangerous activities that cause injury or death.

Accepted Answer

A) True 
 B)False

Question 4

In order to use the defense of assumption of risk,the defendant has to prove that the plaintiff ________.

Accepted Answer

A)  assumed there was no risk involved and entered into the activity that injured him or her 
B)  was injured after the defendant's liability for the risk ended 
C)  was injured in an activity that had no risk of any manner 
D)  had knowledge of the specific risk and voluntarily presumed the risk 
A)  assumed there was no risk involved and entered into the activity that injured him or her 
B)  was injured after the defendant's liability for the risk ended 
C)  was injured in an activity that had no risk of any manner 
D)  had knowledge of the specific risk and voluntarily presumed the risk

Question 5

Oral defamation of character is termed ________.

Accepted Answer

A)  encomium 
B)  commendation 
C)  libel 
D)  slander 
A)  encomium 
B)  commendation 
C)  libel 
D)  slander

Question 6

Intentional misrepresentation occurs when a seller ________.

Accepted Answer

A)  fails to warn customers about the dangerous propensities of a product 
B)  shows negligence in product design 
C)  fails to assemble a product carefully 
D)  conceals a defect in a product 
A)  fails to warn customers about the dangerous propensities of a product 
B)  shows negligence in product design 
C)  fails to assemble a product carefully 
D)  conceals a defect in a product

Question 7

The publication of an untrue statement of fact is equivalent to the publication of an opinion.

Accepted Answer

A) True 
 B)False

Question 8

Bartie's,Inc.sells watercolors and pastels that are marketed as safe for use by children.However,several accounts of lead poisoning were reported in children who used the products.An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal.Which of the following torts has Bartie's,Inc.committed?

Accepted Answer

A)  battery 
B)  disparagement 
C)  deceit 
D)  professional malpractice 
A)  battery 
B)  disparagement 
C)  deceit 
D)  professional malpractice

Question 9

A False statement that appears in writing or other fixed medium is termed slander.

Accepted Answer

A) True 
 B)False

Question 10

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Accepted Answer

A)  Tort of outrage 
B)  Transferred intent doctrine 
C)  Disparagement 
D)  Unintentional tort 
A)  Tort of outrage 
B)  Transferred intent doctrine 
C)  Disparagement 
D)  Unintentional tort

Question 11

The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident,while the plaintiff's own negligence is 40 percent responsible.Under the doctrine of comparative negligence,how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

Accepted Answer

A)  $60,000 
B)  $40,000 
C)  $100,000 
D)  The defendant would not have to pay any amount in damages. 
A)  $60,000 
B)  $40,000 
C)  $100,000 
D)  The defendant would not have to pay any amount in damages.

Question 12

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

Accepted Answer

A)  assaulted the plaintiff while threatening to cause unauthorized physical harm 
B)  impersonated the plaintiff for commercial purposes 
C)  published an untrue statement of fact about the plaintiff to a third party 
D)  made one or more financial deals with the plaintiff under a False identity 
A)  assaulted the plaintiff while threatening to cause unauthorized physical harm 
B)  impersonated the plaintiff for commercial purposes 
C)  published an untrue statement of fact about the plaintiff to a third party 
D)  made one or more financial deals with the plaintiff under a False identity

Question 13

A person who attempts to appropriate another living person's name for commercial purposes is liable for ________.

Accepted Answer

A)  misappropriation of the right to publicity 
B)  battery 
C)  negligence 
D)  invasion to the right to privacy 
A)  misappropriation of the right to publicity 
B)  battery 
C)  negligence 
D)  invasion to the right to privacy

Question 14

A person who attempts to appropriate a living person's name or identity for commercial purposes is liable for tort of outrage.

Accepted Answer

A) True 
 B)False

Question 15

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

Accepted Answer

A)  Invasion of the right to privacy 
B)  Tort of appropriation 
C)  Defamation of character 
D)  Disparagement 
A)  Invasion of the right to privacy 
B)  Tort of appropriation 
C)  Defamation of character 
D)  Disparagement

Question 16

Strict liability is liability with fault.

Accepted Answer

A) True 
 B)False

Question 17

The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident,while the plaintiff's own negligence is 40 percent responsible.Under the doctrine of contributory negligence,how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

Accepted Answer

A)  $60,000 
B)  $40,000 
C)  $100,000 
D)  The defendant would not have to pay any amount in damages. 
A)  $60,000 
B)  $40,000 
C)  $100,000 
D)  The defendant would not have to pay any amount in damages.

Question 18

Libel is defined as ________.

Accepted Answer

A)  the unauthorized use of harmful force on a person to effect physical injury 
B)  a False statement that appears in writing or any other fixed medium 
C)  the intentional confinement of a person without authority or without the person's consent 
D)  an oral defamation of a person's character 
A)  the unauthorized use of harmful force on a person to effect physical injury 
B)  a False statement that appears in writing or any other fixed medium 
C)  the intentional confinement of a person without authority or without the person's consent 
D)  an oral defamation of a person's character

Question 19

Legal cause is defined as a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Accepted Answer

A) True 
 B)False

Question 20

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Accepted Answer

A)  Good Samaritan law 
B)  Shopkeeper's privilege 
C)  Duty of care 
D)  Res ipsa loquitur 
A)  Good Samaritan law 
B)  Shopkeeper's privilege 
C)  Duty of care 
D)  Res ipsa loquitur

Exam 5: Intentional Torts and Negligence

Sending an objectionable telegram to a third party under the False pretenses of another person is an example of ________.

Strict liability is imposed for abnormally dangerous activities that cause injury or death.

In order to use the defense of assumption of risk,the defendant has to prove that the plaintiff ________.

Oral defamation of character is termed ________.

Intentional misrepresentation occurs when a seller ________.

The publication of an untrue statement of fact is equivalent to the publication of an opinion.

A False statement that appears in writing or other fixed medium is termed slander.

________ is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

The tort of defamation of character requires a plaintiff to prove that the defendant ________.

A person who attempts to appropriate another living person's name for commercial purposes is liable for ________.

A person who attempts to appropriate a living person's name or identity for commercial purposes is liable for tort of outrage.

________ refers to an attempt by another person to take over a living person's name or identity for commercial purposes.

Strict liability is liability with fault.

Libel is defined as ________.

Legal cause is defined as a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

________ is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Legal Heritage and the Digital Age

Constitutional Law for Business and E-commerce

Courts and Jurisdiction

Judicial Alternative Administrative and E-Dispute Resolution

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System and Electronic Financial Transactions

Credit, Real Property Financing, and Secured Transactions

Bankruptcy and Reorganization

Agency law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchise and Special Forms of Business

Investor Protection, E-Securities, and Wall Street Reform

Antitrust Law and Unfair Trade Practices

Consumer Safety and Environmental Protection

Labor, Worker Protection, and Immigration Laws

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Duties and Liability

International and World Trade Law

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