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Business Law Exam 2

Description

Quiz on Business Law Exam 2, created by Marissa Boretz on 11/09/2014.
Marissa Boretz
Quiz by Marissa Boretz, updated more than 1 year ago
Marissa Boretz
Created by Marissa Boretz over 7 years ago
229
1

Resource summary

Question 1

Question
A victim of a tort may sue and recover money damages.
Answer
  • True
  • False

Question 2

Question
"Tort” comes from the Latin term “tortus,” which means “crooked, dubious, or twisted.”
Answer
  • True
  • False

Question 3

Question
If a crime does not hurt an identifiable person, it is not a tort.
Answer
  • True
  • False

Question 4

Question
A tort is a wrong arising from a violation of a public duty
Answer
  • True
  • False

Question 5

Question
Strict liability is one type of tort
Answer
  • True
  • False

Question 6

Question
Careless actions that result in injuries to others usually are not deemed to be torts.
Answer
  • True
  • False

Question 7

Question
For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.
Answer
  • True
  • False

Question 8

Question
The concept of strict liability is applied without regard to whether the defendant was at fault.
Answer
  • True
  • False

Question 9

Question
Assault is the intentional, wrongful touching of another person without that person’s consent.
Answer
  • True
  • False

Question 10

Question
The tort of false imprisonment requires the detention of a person without his or her consent.
Answer
  • True
  • False

Question 11

Question
Under the tort of false imprisonment, shopkeepers are prevented from detaining anyone whom they believe has shoplifted.
Answer
  • True
  • False

Question 12

Question
The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.
Answer
  • True
  • False

Question 13

Question
The tort of invasion of privacy always requires the misappropriation of another's name or likeness.
Answer
  • True
  • False

Question 14

Question
Commercial exploitation is a form of invasion of privacy.
Answer
  • True
  • False

Question 15

Question
Offensive or derogatory language used by one person to describe another constitutes the tort of slander.
Answer
  • True
  • False

Question 16

Question
In 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.
Answer
  • True
  • False

Question 17

Question
Libel is the printed equivalent of the spoken form of defamation known as slander.
Answer
  • True
  • False

Question 18

Question
The media enjoy a qualified privilege for stories that turn out to be false.
Answer
  • True
  • False

Question 19

Question
Truth is not a defense to defamation.
Answer
  • True
  • False

Question 20

Question
Product disparagement is a form of defamation.
Answer
  • True
  • False

Question 21

Question
Malice is always a required element of defamation.
Answer
  • True
  • False

Question 22

Question
A trespass to personal property is any unpermitted entry below, on, across, or above the land of another.
Answer
  • True
  • False

Question 23

Question
The use of someone’s car without that person’s permission is a trespass to personal property.
Answer
  • True
  • False

Question 24

Question
Today, the widest range of tort liability arises in the field of negligence.
Answer
  • True
  • False

Question 25

Question
To determine whether the defendant is liable for negligence, a reasonable person standard is employed.
Answer
  • True
  • False

Question 26

Question
Professionals have a duty to perform their functions at the same level as would a reasonable person.
Answer
  • True
  • False

Question 27

Question
Plaintiffs are typically awarded punitive damages in negligence cases.
Answer
  • True
  • False

Question 28

Question
When contributory negligence is proven, damages awarded as reduced based on the plaintiff’s degree of fault.
Answer
  • True
  • False

Question 29

Question
The assumption of risk defense has been abolished in several states.
Answer
  • True
  • False

Question 30

Question
Governments are generally immune from tort liability.
Answer
  • True
  • False

Question 31

Question
A wrong that arises from a violation of a private duty is called a:
Answer
  • criminal action
  • tort
  • crime
  • de mala

Question 32

Question
Concerning torts and crimes, choose the correct statement:
Answer
  • every tort is a crime
  • every crime is a tort
  • no crime is a tort
  • a crime may also be a tort

Question 33

Question
Torts arise from a violation of a ____ duty.
Answer
  • public
  • private
  • contractual
  • criminal

Question 34

Question
Torts are classified as:
Answer
  • intentional only
  • negligence only
  • strict liability only
  • intentional, negligence and strict liability

Question 35

Question
Without meaning to, Alice carelessly strikes Mary. Mary may be able to sue Alice for:
Answer
  • an intentional tort
  • negligence
  • strict liability
  • absolute liability

Question 36

Question
In order to establish the tort of false imprisonment, a person must show imprisonment for:
Answer
  • any amount of time
  • at least one minute
  • at least ten minutes
  • at least one hour

Question 37

Question
A shopkeeper may lose the shopkeeper’s privilege if:
Answer
  • the customer is kept an unreasonable amount of time
  • the shopkeeper acted with reasonable suspicion.
  • the shopkeeper acted with necessary force.
  • all of the above

Question 38

Question
John 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:
Answer
  • defamation
  • wrongful interference with a contract
  • intentional infliction of emotional distress
  • tresspass

Question 39

Question
The tort of invasion of privacy includes:
Answer
  • intrustion into private affairs
  • public disclosure of private facts
  • misappropriation of another's name
  • all of the above

Question 40

Question
Defamation of a public figure requires what additional element
Answer
  • Intent
  • Malice
  • Causation
  • None of the above

Question 41

Question
Which of the following is a defense to defamation?
Answer
  • slander
  • libel
  • truth
  • all of the above

Question 42

Question
Oral or spoken defamation is
Answer
  • slander
  • libel
  • privilege
  • perjury

Question 43

Question
An absolute privilege is available as a defense to slander liability when:
Answer
  • The statement is made to only a few people
  • libel exists
  • a witness testifies in a court proceedings
  • no intent to harm is present

Question 44

Question
Slander of title and trade libel are collectively known as product
Answer
  • Divestiture
  • Disparagement
  • Dilution
  • Diversion

Question 45

Question
Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort?
Answer
  • Libel
  • product disparagement
  • contract interference
  • intentional infliction of emotional distress

Question 46

Question
Trespass applies to
Answer
  • personal property only
  • land only
  • both personal property and land
  • only government-owned property

Question 47

Question
Trespass to personal property requires
Answer
  • the personal property to be connected to real property
  • destroying the personal property
  • the invasion of personal property regardless of whether the owner grants permissions
  • the invasion of personal property without the permission of the owner

Question 48

Question
The widest range of tort liability arises in the area of:
Answer
  • negligence
  • absolute liability
  • violation of statue
  • assumption of risk

Question 49

Question
The degree of care required of a person is
Answer
  • that degree of care the person exercised in the situation at hand.
  • that degree of care an extraordinary person would exercise under similar circumstances.
  • that degree of care an ordinarily prudent person would exercise under similar circumstances.
  • none of the above

Question 50

Question
Professionals have a duty to perform their jobs at the level of:
Answer
  • a reasonable person
  • a reasonable professional in the same business
  • an extraordinarily careful person
  • none of the above

Question 51

Question
Comparative negligence
Answer
  • has been rejected by most of the states.
  • allows a comparison of negligence between plaintiff and defendant.
  • only applies when the plaintiff has signed a release.
  • is a bar to recovery under common law.

Question 52

Question
If 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?
Answer
  • criminal
  • contributory
  • personal
  • prejudicial

Question 53

Question
What type of damages is recoverable when the defendant’s tortious conduct is accompanied by fraud, malice, or willful or wanton conduct?
Answer
  • compensatory
  • consequential
  • nominal
  • punitive

Question 54

Question
The concept of immunity from liability means that:
Answer
  • one who harms another can be held liable only for voluntary acts.
  • certain persons are not subject to tort liability.
  • one who harms another without intending to do so is not subject to tort liability.
  • one who harms a child can never be sued by the parents of the injured child.

Question 55

Question
What form of tort liability was developed to provide guaranteed protection for those who are injured by conduct the law deems both serious and inexcusable?
Answer
  • stict liability
  • negligence
  • both a. and b.
  • neither a. nor b

Question 56

Question
A contract is essentially an agreement that creates an obligation.
Answer
  • True
  • False

Question 57

Question
Because transfer of value is essential to a valid contract, contracts cannot arise in the performance of personal services.
Answer
  • True
  • False

Question 58

Question
A contract can only involve two parties.
Answer
  • True
  • False

Question 59

Question
A person who makes a promise is the promisor, while a person to whom the promise is made is the promisee.
Answer
  • True
  • False

Question 60

Question
Only the parties who signed the original contract can have rights with respect to that contract.
Answer
  • True
  • False

Question 61

Question
An offeror makes an offer to an offeree.
Answer
  • True
  • False

Question 62

Question
The law requires parties to be fair and reasonable in the making of a contract.
Answer
  • True
  • False

Question 63

Question
Negotiable instruments are examples of formal contracts.
Answer
  • True
  • False

Question 64

Question
A contract for an amount greater than $1 million must be made under seal or it is not binding.
Answer
  • True
  • False

Question 65

Question
A recognizance is an agreement by which one party admits or recognizes that a specified sum of money is owed to another party.
Answer
  • True
  • False

Question 66

Question
An express contract is one in which the agreement is shown by the acts and conduct of the parties.
Answer
  • True
  • False

Question 67

Question
An 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.
Answer
  • True
  • False

Question 68

Question
The effect of an implied contract is not the same as the effect of an express contract.
Answer
  • True
  • False

Question 69

Question
A void contract is one that is otherwise valid but may be rejected or set aside by one of the parties.
Answer
  • True
  • False

Question 70

Question
An agreement that contemplates the performance of an act prohibited by law is usually void.
Answer
  • True
  • False

Question 71

Question
An executory contract is an agreement by which something remains to be done by one or both parties.
Answer
  • True
  • False

Question 72

Question
An executed contract is an agreement that has been completely performed.
Answer
  • True
  • False

Question 73

Question
When a contract is fully performed by one party, it is called a unilateral contract.
Answer
  • True
  • False

Question 74

Question
When a contract is fully performed by one party, it is called a unilateral contract.
Answer
  • True
  • False

Question 75

Question
A bilateral contract is essentially an exchange of promises.
Answer
  • True
  • False

Question 76

Question
With regard to a unilateral contract, the offeree does not accept the offer by express agreement, but rather by performance.
Answer
  • True
  • False

Question 77

Question
A contract never can be both executory and unilateral.
Answer
  • True
  • False

Question 78

Question
An option contract gives one of the parties an absolute right to enter into a second contract at a later date.
Answer
  • True
  • False

Question 79

Question
Quasi contracts are contracts.
Answer
  • True
  • False

Question 80

Question
The principle behind the quasi contract is to prevent unjust enrichment.
Answer
  • True
  • False

Question 81

Question
A quasi contract may arise in a situation in which no contract exists.
Answer
  • True
  • False

Question 82

Question
Whenever 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.
Answer
  • True
  • False

Question 83

Question
Quasi-contractual liability will generally be imposed when the cost of performing a contract is greater than had been expected.
Answer
  • True
  • False

Question 84

Question
When a contract sets a price for services rendered, a plaintiff cannot sue for reasonable value.
Answer
  • True
  • False

Question 85

Question
The greatest risk to purchasing online is providing your credit card information to the seller.
Answer
  • True
  • False

Question 86

Question
When purchasing from a website, the website terms generally become the contract of the parties and are legally enforceable.
Answer
  • True
  • False

Question 87

Question
A contract is
Answer
  • a binding agreement
  • an agreement creating an obligation
  • an agreement that creates enforceable duties and obligations
  • all of the above

Question 88

Question
The elements of a contract include all of the following except:
Answer
  • an agreement
  • two or more competent parties
  • consideration
  • an illegal purpose

Question 89

Question
The subject matter of a contract may relate to:
Answer
  • the performance of personal services
  • the construction of a house
  • the transfer of ownership of property
  • all of the above

Question 90

Question
The promisor in a contract may also be called the:
Answer
  • obligor
  • grantor
  • obligee
  • grantee

Question 91

Question
A party to a contract may be:
Answer
  • an individual
  • a partnership
  • a corporation
  • all of the above

Question 92

Question
A contract requires
Answer
  • an offer
  • an acceptance
  • both an offer and acceptance
  • an agreement manifested by the written or spoken words of the parties

Question 93

Question
An agreement arises when one person, the __________, makes an offer and the other person to whom the offer is made, the __________, accepts.
Answer
  • grantor; grantee
  • grantee; grantor
  • offeror; offeree
  • offeree; offeror

Question 94

Question
A contract of record is also referred to as a:
Answer
  • recognizance
  • reconnaissance
  • recording contract
  • none of the above

Question 95

Question
Negotiable instruments are:
Answer
  • formal contracts
  • informal contracts
  • option contracts
  • first-refusal agreements

Question 96

Question
An implied contract is shown by:
Answer
  • a writing
  • the acts and conduct of the parties
  • statements made in open court
  • an exchange of oral promises

Question 97

Question
A legally binding agreement that can be rejected at the option of one of the parties is called a(n):
Answer
  • void agreement
  • revoked contract
  • voidable contract
  • optional agreement

Question 98

Question
An executory contract is:
Answer
  • void if neither party has performed
  • voidable
  • entered into but not fully performed
  • always unilateral in nature

Question 99

Question
A contract under which one or both parties have not yet fully performed is termed a(n):
Answer
  • void agreement
  • executory contract
  • executive contract
  • executed contract

Question 100

Question
A bilateral contract consists of a:
Answer
  • promise for an act
  • promise for refraining from acting
  • promise for a promise
  • promise to contract

Question 101

Question
An offer of a reward for the arrest and conviction of a criminal is an example of a:
Answer
  • unilateral contract
  • bilateral contract
  • quasi contract
  • formal contract

Question 102

Question
In a bilateral contract, each party will be a promisor and, therefore, each party will:
Answer
  • be an obligor
  • be able to avoid the contract
  • not be in privity of the contract
  • be an agent for the other side

Question 103

Question
The main thrust of the quasi contract is to:
Answer
  • encourage the making of written contracts
  • prevent enrichment
  • compensate those who voluntarily help others
  • prevent unjust enrichment

Question 104

Question
An obligation to pay for the reasonable value of services rendered when there is no contract would be called:
Answer
  • quasi-contractual
  • quasi-enforceable
  • semi-lawful
  • valid

Question 105

Question
A 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.
Answer
  • concomitant
  • conditional
  • formal
  • first

Question 106

Question
The plaintiff in a quasi-contractual action can recover:
Answer
  • lost profits
  • damages for mental distress
  • the reasonable value of the benefit conferred upon the defendant
  • for all the damages
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