Test
Business Law Exam 2
Preguntas del test (106)
1A victim of a tort may sue and recover money damages.
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2"Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”
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3If a crime does not hurt an identifiable person, it is not a tort.
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4A tort is a wrong arising from a violation of a public duty
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5Strict liability is one type of tort
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6Careless actions that result in injuries to others usually are not deemed to be torts.
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7For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.
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8The concept of strict liability is applied without regard to whether the defendant was at fault.
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9Assault is the intentional, wrongful touching of another person without that person’s consent.
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10The tort of false imprisonment requires the detention of a person without his or her consent.
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11Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.
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12The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.
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13The tort of invasion of privacy always requires the misappropriation of another's name or likeness.
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14Commercial exploitation is a form of invasion of privacy.
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15Offensive or derogatory language used by one person to describe another constitutes the tort of slander.
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16In 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.
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17Libel is the printed equivalent of the spoken form of defamation known as slander.
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18The media enjoy a qualified privilege for stories that turn out to be false.
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19Truth is not a defense to defamation.
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20Product disparagement is a form of defamation.
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21Malice is always a required element of defamation.
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22A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.
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23The use of someone’s car without that person’s permission is a trespass to personal property.
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24Today, the widest range of tort liability arises in the field of negligence.
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25To determine whether the defendant is liable for negligence, a reasonable person standard is employed.
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26Professionals have a duty to perform their functions at the same level as would a reasonable person.
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27Plaintiffs are typically awarded punitive damages in negligence cases.
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28When contributory negligence is proven, damages awarded as reduced based on the plaintiff’s degree of fault.
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29The assumption of risk defense has been abolished in several states.
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30Governments are generally immune from tort liability.
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31A wrong that arises from a violation of a private duty is called a:
- Acriminal action
- Btort
- Ccrime
- Dde mala
32Concerning torts and crimes, choose the correct statement:
- Aevery tort is a crime
- Bevery crime is a tort
- Cno crime is a tort
- Da crime may also be a tort
33Torts arise from a violation of a ____ duty.
- Apublic
- Bprivate
- Ccontractual
- Dcriminal
34Torts are classified as:
- Aintentional only
- Bnegligence only
- Cstrict liability only
- Dintentional, negligence and strict liability
35Without meaning to, Alice carelessly strikes Mary. Mary may be able to sue Alice for:
- Aan intentional tort
- Bnegligence
- Cstrict liability
- Dabsolute liability
36In order to establish the tort of false imprisonment, a person must show imprisonment for:
- Aany amount of time
- Bat least one minute
- Cat least ten minutes
- Dat least one hour
37A shopkeeper may lose the shopkeeper’s privilege if:
- Athe customer is kept an unreasonable amount of time
- Bthe shopkeeper acted with reasonable suspicion.
- Cthe shopkeeper acted with necessary force.
- Dall of the above
38John 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:
- Adefamation
- Bwrongful interference with a contract
- Cintentional infliction of emotional distress
- Dtresspass
39The tort of invasion of privacy includes:
- Aintrustion into private affairs
- Bpublic disclosure of private facts
- Cmisappropriation of another's name
- Dall of the above
40Defamation of a public figure requires what additional element
- AIntent
- BMalice
- CCausation
- DNone of the above
41Which of the following is a defense to defamation?
- Aslander
- Blibel
- Ctruth
- Dall of the above
42Oral or spoken defamation is
- Aslander
- Blibel
- Cprivilege
- Dperjury
43An absolute privilege is available as a defense to slander liability when:
- AThe statement is made to only a few people
- Blibel exists
- Ca witness testifies in a court proceedings
- Dno intent to harm is present
44Slander of title and trade libel are collectively known as product
- ADivestiture
- BDisparagement
- CDilution
- DDiversion
45Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?
- ALibel
- Bproduct disparagement
- Ccontract interference
- Dintentional infliction of emotional distress
46Trespass applies to
- Apersonal property only
- Bland only
- Cboth personal property and land
- Donly government-owned property
47Trespass to personal property requires
- Athe personal property to be connected to real property
- Bdestroying the personal property
- Cthe invasion of personal property regardless of whether the owner grants permissions
- Dthe invasion of personal property without the permission of the owner
48The widest range of tort liability arises in the area of:
- Anegligence
- Babsolute liability
- Cviolation of statue
- Dassumption of risk
49The degree of care required of a person is
- Athat degree of care the person exercised in the situation at hand.
- Bthat degree of care an extraordinary person would exercise under similar circumstances.
- Cthat degree of care an ordinarily prudent person would exercise under similar circumstances.
- Dnone of the above
50Professionals have a duty to perform their jobs at the level of:
- Aa reasonable person
- Ba reasonable professional in the same business
- Can extraordinarily careful person
- Dnone of the above
51Comparative negligence
- Ahas been rejected by most of the states.
- Ballows a comparison of negligence between plaintiff and defendant.
- Conly applies when the plaintiff has signed a release.
- Dis a bar to recovery under common law.
52If 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?
- Acriminal
- Bcontributory
- Cpersonal
- Dprejudicial
53What type of damages is recoverable when the defendant’s tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?
- Acompensatory
- Bconsequential
- Cnominal
- Dpunitive
54The concept of immunity from liability means that:
- Aone who harms another can be held liable only for voluntary acts.
- Bcertain persons are not subject to tort liability.
- Cone who harms another without intending to do so is not subject to tort liability.
- Done who harms a child can never be sued by the parents of the injured child.
55What form of tort liability was developed to provide guaranteed protection for those who are injured by conduct the law deems both serious and inexcusable?
- Astict liability
- Bnegligence
- Cboth a. and b.
- Dneither a. nor b
56A contract is essentially an agreement that creates an obligation.
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57Because transfer of value is essential to a valid contract, contracts cannot arise in the performance of personal services.
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58A contract can only involve two parties.
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59A person who makes a promise is the promisor, while a person to whom the promise is made is the promisee.
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60Only the parties who signed the original contract can have rights with respect to that contract.
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61An offeror makes an offer to an offeree.
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62The law requires parties to be fair and reasonable in the making of a contract.
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63Negotiable instruments are examples of formal contracts.
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64A contract for an amount greater than $1 million must be made under seal or it is not binding.
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65A recognizance is an agreement by which one party admits or recognizes that a specified sum of money is owed to another party.
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66An express contract is one in which the agreement is shown by the acts and conduct of the parties.
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67An 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.
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68The effect of an implied contract is not the same as the effect of an express contract.
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69A void contract is one that is otherwise valid but may be rejected or set aside by one of the parties.
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70An agreement that contemplates the performance of an act prohibited by law is usually void.
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71An executory contract is an agreement by which something remains to be done by one or both parties.
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72An executed contract is an agreement that has been completely performed.
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73When a contract is fully performed by one party, it is called a unilateral contract.
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74When a contract is fully performed by one party, it is called a unilateral contract.
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75A bilateral contract is essentially an exchange of promises.
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76With regard to a unilateral contract, the offeree does not accept the offer by express agreement, but rather by performance.
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77A contract never can be both executory and unilateral.
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78An option contract gives one of the parties an absolute right to enter into a second contract at a later date.
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79Quasi contracts are contracts.
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80The principle behind the quasi contract is to prevent unjust enrichment.
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81A quasi contract may arise in a situation in which no contract exists.
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82Whenever 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.
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83Quasi-contractual liability will generally be imposed when the cost of performing a contract is greater than had been expected.
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84When a contract sets a price for services rendered, a plaintiff cannot sue for reasonable value.
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85The greatest risk to purchasing online is providing your credit card information to the seller.
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86When purchasing from a website, the website terms generally become the contract of the parties and are legally enforceable.
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87A contract is
- Aa binding agreement
- Ban agreement creating an obligation
- Can agreement that creates enforceable duties and obligations
- Dall of the above
88The elements of a contract include all of the following except:
- Aan agreement
- Btwo or more competent parties
- Cconsideration
- Dan illegal purpose
89The subject matter of a contract may relate to:
- Athe performance of personal services
- Bthe construction of a house
- Cthe transfer of ownership of property
- Dall of the above
90The promisor in a contract may also be called the:
- Aobligor
- Bgrantor
- Cobligee
- Dgrantee
91A party to a contract may be:
- Aan individual
- Ba partnership
- Ca corporation
- Dall of the above
92A contract requires
- Aan offer
- Ban acceptance
- Cboth an offer and acceptance
- Dan agreement manifested by the written or spoken words of the parties
93An agreement arises when one person, the __________, makes an offer and the other person to whom the offer is made, the __________, accepts.
- Agrantor; grantee
- Bgrantee; grantor
- Cofferor; offeree
- Dofferee; offeror
94A contract of record is also referred to as a:
- Arecognizance
- Breconnaissance
- Crecording contract
- Dnone of the above
95Negotiable instruments are:
- Aformal contracts
- Binformal contracts
- Coption contracts
- Dfirst-refusal agreements
96An implied contract is shown by:
- Aa writing
- Bthe acts and conduct of the parties
- Cstatements made in open court
- Dan exchange of oral promises
97A legally binding agreement that can be rejected at the option of one of the parties is called a(n):
- Avoid agreement
- Brevoked contract
- Cvoidable contract
- Doptional agreement
98An executory contract is:
- Avoid if neither party has performed
- Bvoidable
- Centered into but not fully performed
- Dalways unilateral in nature
99A contract under which one or both parties have not yet fully performed is termed a(n):
- Avoid agreement
- Bexecutory contract
- Cexecutive contract
- Dexecuted contract
100A bilateral contract consists of a:
- Apromise for an act
- Bpromise for refraining from acting
- Cpromise for a promise
- Dpromise to contract
101An offer of a reward for the arrest and conviction of a criminal is an example of a:
- Aunilateral contract
- Bbilateral contract
- Cquasi contract
- Dformal contract
102In a bilateral contract, each party will be a promisor and, therefore, each party will:
- Abe an obligor
- Bbe able to avoid the contract
- Cnot be in privity of the contract
- Dbe an agent for the other side
103The main thrust of the quasi contract is to:
- Aencourage the making of written contracts
- Bprevent enrichment
- Ccompensate those who voluntarily help others
- Dprevent unjust enrichment
104An obligation to pay for the reasonable value of services rendered when there is no contract would be called:
- Aquasi-contractual
- Bquasi-enforceable
- Csemi-lawful
- Dvalid
105A 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.
- Aconcomitant
- Bconditional
- Cformal
- Dfirst
106The plaintiff in a quasi-contractual action can recover:
- Alost profits
- Bdamages for mental distress
- Cthe reasonable value of the benefit conferred upon the defendant
- Dfor all the damages
Información
- Descripción
- Test sobre Business Law Exam 2, creado por Marissa Boretz el 09/11/2014.
- Autor
- Marissa Boretz
- Idioma
- English
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- 306
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