Question 1

Doug obtains permission to be on Nathan\'s land for one day to hold a four-wheeling event. Doug\'s truck breaks down, and instead of removing it, he leaves it on Nathan\'s property for several days after the event. Doug has most likely committed

Accepted Answer

trespass to land

Question 2

Ted is running down the sidewalk at a high rate a speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except:

Accepted Answer

damages

Question 3

The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson\'s clients immediately stop training with Hanson. Bob is most likely to have committed

Accepted Answer

wrongful interference with a business relationship

Question 4

Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidentally hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute

Accepted Answer

negligence per se

Question 5

Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for

Accepted Answer

infliction of emotional distress

Question 6

The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is

Accepted Answer

an example of tort reform

Question 7

Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship

Accepted Answer

1. a valid, enforceable contract must exist between two parties 2. a third party must know that this contract exists 3. this third party must intentionally induce a party to the contract to breach the contract

Question 8

In our freely competitive economy, businesses have no limits on how they can attract customers.

Accepted Answer

False

Question 9

Competing via aggressive marketing and advertising strategies is_______ interference with a business relationship.

Accepted Answer

usually permissible

Question 10

Trespass to land has nothing to do with obtaining permission for use of that land.

Accepted Answer

False

Question 11

Trespass to land requires that a person_____ on the land.

Accepted Answer

remains

Question 12

6. For trespass to land occur you have to______ onto, above, or below the land surface owned by another.

Accepted Answer

enter

Question 13

7. A real property owner must______ that a person is a trespasser.

Accepted Answer

establish

Question 14

8. A guest in your home is typically_____ a trespasser.

Accepted Answer

not

Question 15

You are given permission to use Alvie\'s land for a one-day four-wheeled drive event. Your own truck breaks down during the event so you leave it on Alvie\'s property. Most likely you have committed

Accepted Answer

trespass to land

Question 16

When you borrow a friend\'s tablet device and refuse to give it back, you have committed trespass to land.

Accepted Answer

false

Question 17

Which of the following acts normally do NOT constitute a conversion?

Accepted Answer

Temporarily borrowing a friend\'s textbook and then returning it.

Question 18

Disparagement of Property

Accepted Answer

Occurs when economically injurious falsehoods are made about another\'s product or property.

Question 19

Slander of Title

Accepted Answer

Publishing false information about another\'s legal ownership of property that results in financial loss to the property\'s owner.

Question 20

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeaser does NOT wish to bring about the consequence of the act, nor does she or he believe that they will occur.

Accepted Answer

true

Question 21

Elements required to succeed in a negligence action in the order in which they are normally considered.

Accepted Answer

Duty --> Breach --> Causation --> Damages

Question 22

Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?

Accepted Answer

No, because stoves get hot and some people get burned when they are careless.

Question 23

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

Accepted Answer

false

Question 24

Those who enter retail premises are called business______ .

Accepted Answer

invitees

Question 25

Storeowners must warn business invitees of _______ risks.

Accepted Answer

foreseeable

Question 26

A landowner has a duty to discover and remove any_____ dangers to customers or other invitees.

Accepted Answer

hidden

Question 27

When risks are so_____, owners need not warn of them.

Accepted Answer

obvious

Question 28

An attorney\'s conduct is judged by the reasonable person standard.

Accepted Answer

false

Question 29

Which of the following questions does a court ask to determine whether the requirement of causation is met?

Accepted Answer

1. Is there a causation in fact? 2. Was the act the proximate, or legal, cause of the injury?

Question 30

You accidentally bump into someone on the sidewalk and that person falls, but is unharmed. Nonetheless, that person usually can successfully sue you for damages?

Accepted Answer

false

Question 31

________ may occur if an individual violates a statute providing for a criminal penalty if that violation causes another to be harmed.

Accepted Answer

Negligence per se

Question 32

_________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations.

Accepted Answer

Good Samaritan

Question 33

______ -shop acts imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.

Accepted Answer

Dram

Question 34

Assumption of risk requires

Accepted Answer

1. Knowledge of the risk 2. Voluntary assumption of the risk

Question 35

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.

Accepted Answer

true

Question 36

Contributory Negligence

Accepted Answer

A theory in tort law in which a complaining party\'s own negligence contributed to or caused his or her injuries.

Question 37

Comparative Negligence

Accepted Answer

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person\'s proportionate negligence.

Question 38

Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of

Accepted Answer

assumption of the risk

Question 39

John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John\'s illness is outside of Dr. Smith\'s area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, he can defend himself under

Accepted Answer

Good Samaritan statutes

BUSI 2371 Ch. 12 Quiz – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards