MGMT 200 CORE EXAM TEST UPDATED QUESTIONS AND
SOLUTIONS RATED A+
✔✔modified comparative negligence - ✔✔rule that defendant must be MORE (aka
51%<) faulty or plaintiff will recover nothing
✔✔liability waiver - ✔✔a statement waiving damages if injury were to occur
must include:
1. disclaimer in prominent place
2.standard print size
✔✔Accountants Liability - ✔✔1. always liable to employer (issue of conflict of interest)
2. liability to third party (investor who sees reports)
3.some states allow the intended user (investor) to sue for negligence
MAY OR MAY NOT HAVE STANDING (investor)
✔✔premise liability - ✔✔duty of care is due based on classification
✔✔premise liability trespasser - ✔✔duty of care owed to this party is
1. no spring guns
2. no duty to warn of natural causes
3. duty to warn of manmade risks if people are known to trespass (aka well)
✔✔premise liability guest - ✔✔people are called LICENSEES duty of resonable care to
this party, but not hidden dangers
✔✔premise liability business - ✔✔people are called INVITEES and they are owed high
duty of care. must inspect for hidden dangers and warn of risks
✔✔Intentional Torts - ✔✔deliberate intentional conduct by one person that injures
another
✔✔assault - ✔✔an intentional tort and crime that means apprehension of fear (made
someone else scared)
✔✔battery - ✔✔an intentional tort that means actual harmful or offensive conduct
✔✔intentional torts against property - ✔✔1. trespass to realty
2. trespass to personality (using your shit)
3. conversion aka theft LONG TERM THEFT IS AN INTENTIONAL TORT
✔✔False Imprisonment/Wrongful Arrest - ✔✔an intentional tort that is when you keep
someone unreasonably, physical force not required
, ✔✔Intentional Infliction of (mental or emotional) distress - ✔✔causing mental harm,
ALSO violates statutory law
an example of this is creditors intentionally harassing you
✔✔Invasion of privacy torts - ✔✔appropriation, intrusion into solitude, false light, public
disclosure of facts
✔✔Appropriation - ✔✔using someones likeness for commercial purpose without their
permission
✔✔Intrusion into Solitude - ✔✔must get permission for recording otherwise its an
intentional tort of invasion to privacy
✔✔False Light - ✔✔publishing something with significant misinformation
✔✔Public disclosure of private facts - ✔✔cannot disclose private information to public
and usually this is statutory (criminal/civil action)
✔✔Defamation - ✔✔intentional tort of either Libel (written word) or slander (spoken
word) ex. employers too honest about their former employees
✔✔LIBEL - ✔✔plaintiff bears burden of proving beyond a preponderance of evidence
that:
1. libel was said to third person
2. identified plaintiff
3. libel was defamatory/per se
4. libel was false
4a. if press is defendant requires the plaintiff to prove fault
1. public figure:
must be knowingly false. reckless disregard for truth
2.non public figure:
press was negligent
✔✔privity - ✔✔legal relationship that illicits responisbility of some kind
✔✔strictly liable - ✔✔producer of a product will be held __________ ___________ if
user uses it the way its intended
✔✔wrongful death - ✔✔family members can sue for ________ __________ who
depend on the income of the deceased can sue for loss of companionship/ future
income
✔✔survivor statue - ✔✔allows the deceased's claim to flow to heirs, aka estate has right
to sue on behalf
SOLUTIONS RATED A+
✔✔modified comparative negligence - ✔✔rule that defendant must be MORE (aka
51%<) faulty or plaintiff will recover nothing
✔✔liability waiver - ✔✔a statement waiving damages if injury were to occur
must include:
1. disclaimer in prominent place
2.standard print size
✔✔Accountants Liability - ✔✔1. always liable to employer (issue of conflict of interest)
2. liability to third party (investor who sees reports)
3.some states allow the intended user (investor) to sue for negligence
MAY OR MAY NOT HAVE STANDING (investor)
✔✔premise liability - ✔✔duty of care is due based on classification
✔✔premise liability trespasser - ✔✔duty of care owed to this party is
1. no spring guns
2. no duty to warn of natural causes
3. duty to warn of manmade risks if people are known to trespass (aka well)
✔✔premise liability guest - ✔✔people are called LICENSEES duty of resonable care to
this party, but not hidden dangers
✔✔premise liability business - ✔✔people are called INVITEES and they are owed high
duty of care. must inspect for hidden dangers and warn of risks
✔✔Intentional Torts - ✔✔deliberate intentional conduct by one person that injures
another
✔✔assault - ✔✔an intentional tort and crime that means apprehension of fear (made
someone else scared)
✔✔battery - ✔✔an intentional tort that means actual harmful or offensive conduct
✔✔intentional torts against property - ✔✔1. trespass to realty
2. trespass to personality (using your shit)
3. conversion aka theft LONG TERM THEFT IS AN INTENTIONAL TORT
✔✔False Imprisonment/Wrongful Arrest - ✔✔an intentional tort that is when you keep
someone unreasonably, physical force not required
, ✔✔Intentional Infliction of (mental or emotional) distress - ✔✔causing mental harm,
ALSO violates statutory law
an example of this is creditors intentionally harassing you
✔✔Invasion of privacy torts - ✔✔appropriation, intrusion into solitude, false light, public
disclosure of facts
✔✔Appropriation - ✔✔using someones likeness for commercial purpose without their
permission
✔✔Intrusion into Solitude - ✔✔must get permission for recording otherwise its an
intentional tort of invasion to privacy
✔✔False Light - ✔✔publishing something with significant misinformation
✔✔Public disclosure of private facts - ✔✔cannot disclose private information to public
and usually this is statutory (criminal/civil action)
✔✔Defamation - ✔✔intentional tort of either Libel (written word) or slander (spoken
word) ex. employers too honest about their former employees
✔✔LIBEL - ✔✔plaintiff bears burden of proving beyond a preponderance of evidence
that:
1. libel was said to third person
2. identified plaintiff
3. libel was defamatory/per se
4. libel was false
4a. if press is defendant requires the plaintiff to prove fault
1. public figure:
must be knowingly false. reckless disregard for truth
2.non public figure:
press was negligent
✔✔privity - ✔✔legal relationship that illicits responisbility of some kind
✔✔strictly liable - ✔✔producer of a product will be held __________ ___________ if
user uses it the way its intended
✔✔wrongful death - ✔✔family members can sue for ________ __________ who
depend on the income of the deceased can sue for loss of companionship/ future
income
✔✔survivor statue - ✔✔allows the deceased's claim to flow to heirs, aka estate has right
to sue on behalf
