BUS& 201, Business Law, Quiz Chap 8 & 9 (2015)

(BUS& 201, Business Law, Hatsta)

Assignment:

Quiz, Chap 8 & 9

1.

Which of the following is true of compensatory damages?

It is based on the wealth of the defendant.

It covers only 60 percent of the losses incurred by the victim.

It is typically rewarded by the state to the victim.

It does not cover the attorney fees paid by the injured party.

2.

Laura was riding her new motorbike in a residential area. She had to swerve suddenly to avoid hitting a small child who had run

onto the street after a ball. As a result, Laura hit a tree and fractured three ribs and her right arm. The motorbike also sustained

considerable damage. Laura sued the father of the child who was present at the scene of the accident for negligence, but in

court the defense argued that Laura had exceeded the speed limit. Which defenses to negligence has been used here by the

defendant?

Superseding cause

Contributory negligence

Negligence per se

Assumption of the risk

3.

Which of the following defines the danger invites rescue doctrine?

If a bystander gets injured while trying to save a victim from danger caused by the offender, then the offender is held responsible for the bystander's injuries as well.

A bystander is deemed to be negligent if he or she does not rescue a stranger in imminent danger.

Bartenders and bar owners are held responsible for the injuries caused by individuals who become intoxicated at any bar.

A business owner is held responsible for the negligent acts of her employees as she failed to use reasonable care while hiring.

4.

The tort of unfair competition exists when:

competitors of a business firm price their products higher than that of the firm.

someone enters an industry with the sole intent of driving another firm out of business.

popup advertisements for a competing business appear on a company's website.

other businesses sell products of higher quality in the same industry in which a firm operates.

5.

Ian, a door-to-door salesman, filed a negligence case against Mark. While ringing the doorbell on Mark's front porch, he was bitten by a venomous snake that Mark kept as a pet. Ian had no previous warning of the snake being loose. In this scenario, Ian is most likely to have filed for damages under _____.

negligence per se

intentional tort

strict liability

last-clear-chance doctrine

6.

To establish proximate cause in a negligence claim, it is necessary to prove that the:

defendant's actions were intended to cause injury to the plaintiff.

plaintiff would have suffered losses even if the defendant had fulfilled his or her duty of care.

defendant could reasonably foresee the damages that the plaintiff suffered as a result of his or her action.

damages or losses suffered by a plaintiff were above $5 million.

7.

Which of the following is considered an absolute defense for a person accused of defamation?

Involuntary intoxication

Truth

Slander

Conditional privilege

8.

During the swine-flu outbreak, the verbal comments of a journalist on the products of Bacon Cult, a fast food chain, caused many people to doubt and boycott its products. This caused a significant reduction in sales and the firm sued the journalist. What tort has been committed in the above scenario?

Slander of title

Product libel

Trade libel

Slander of quality

9.

A _____ is best described as an unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered.

proximate cause

pure comparative negligence

superseding cause

modified contributory negligence

10.

A libel occurs when a(n):

person misuses the private property of another person.

defamatory statement about a person is published in a permanent form.

person orally makes a false statement about another person.

assault results in offensive bodily contact.