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BUSINESS LAW-UNIT 2 STUDY GUIDE
WITH CORRECT SOLUTIONS
QUESTIONS AND ANSWERS |
GUARANTEED PASS
What is a tort? - Correct Answer-A civil wrong arising from a
breach of contract; a breach of legal duty that proximately
causes harm or injury to another.
What is the difference between an intentional tort and
negligence? - Correct Answer-Intentional Tort: A Wrongful
act knowingly committed.
Negligence: The failure to exercise the standard of care that a
reasonable person would exercise in similar circumstances. As
a result, someone suffers injury because of another's failure to
live up to a required duty of care.
What must a plaintiff prove to win a case for negligence? -
Correct Answer-1. That the defendant owed a duty of care to
the plaintiff.
2. That the defendant breached that duty.
3. That the plaintiff suffered a legally recognizable injury.
4. That the defendant's branch caused the plaintiff's injury.
What are some common types of duty that one person or
business would owe to another? - Correct Answer-Duty of
Care: The duty of all persons as established by tort law, to
exercise a reasonable amount of care in their dealings with
others. Failure to exercise due care, which is normally
determined by the reasonable person standard, constitutes the
tort negligence.
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The Reasonable Person Standard: The Standard of Behavior
expected of a hypothetical "reasonable person." the standard
against which negligence is measured and that must be
observed to avoid liability for negligence.
The Duty of Landowners: Landowners are expected to
exercise reasonable care to protect persons coming onto their
property from harm. Retailers and other firms that explicitly
or implicitly invite persons to come onto their premises are
usually charged with a duty to exercise reasonable care to
protect those persons, which are considered Business Invitee.
The landowner also has the duty to discover and remove any
hidden dangers that might injure a customer or other invitee.
Store Owners have the duty to protect customers from
potentially slipping and injuring themselves on merchandise
that has fallen off the shelves.
The Duty of Professionals: If an individual has knowledge,
skill, or intelligence superior to that of an ordinary person, the
individual's conduct must be consistent with that status. If a
professional violates her or his duty of care toward client, the
professional may be sued for malpractice.
Identify when a breach is the "but, for" cause or "cause-in-
fact" of the harm. - Correct Answer-Causation Fact: An act or
omission which an event would not have occurred. Causation
fact can usually be determined by the use of the but for test;
"BUT FOR" the wrongful act the injury would not have
occurred. This type of claim is limitless.n the law, a proximate
cause is an event sufficiently related to a legally recognizable
injury to be held to be the cause of that injury. There are two
types of causation in the law: cause-in-fact, and proximate (or
legal) cause.
BUSINESS LAW-UNIT 2 STUDY GUIDE
WITH CORRECT SOLUTIONS
QUESTIONS AND ANSWERS |
GUARANTEED PASS
What is a tort? - Correct Answer-A civil wrong arising from a
breach of contract; a breach of legal duty that proximately
causes harm or injury to another.
What is the difference between an intentional tort and
negligence? - Correct Answer-Intentional Tort: A Wrongful
act knowingly committed.
Negligence: The failure to exercise the standard of care that a
reasonable person would exercise in similar circumstances. As
a result, someone suffers injury because of another's failure to
live up to a required duty of care.
What must a plaintiff prove to win a case for negligence? -
Correct Answer-1. That the defendant owed a duty of care to
the plaintiff.
2. That the defendant breached that duty.
3. That the plaintiff suffered a legally recognizable injury.
4. That the defendant's branch caused the plaintiff's injury.
What are some common types of duty that one person or
business would owe to another? - Correct Answer-Duty of
Care: The duty of all persons as established by tort law, to
exercise a reasonable amount of care in their dealings with
others. Failure to exercise due care, which is normally
determined by the reasonable person standard, constitutes the
tort negligence.
, 2
The Reasonable Person Standard: The Standard of Behavior
expected of a hypothetical "reasonable person." the standard
against which negligence is measured and that must be
observed to avoid liability for negligence.
The Duty of Landowners: Landowners are expected to
exercise reasonable care to protect persons coming onto their
property from harm. Retailers and other firms that explicitly
or implicitly invite persons to come onto their premises are
usually charged with a duty to exercise reasonable care to
protect those persons, which are considered Business Invitee.
The landowner also has the duty to discover and remove any
hidden dangers that might injure a customer or other invitee.
Store Owners have the duty to protect customers from
potentially slipping and injuring themselves on merchandise
that has fallen off the shelves.
The Duty of Professionals: If an individual has knowledge,
skill, or intelligence superior to that of an ordinary person, the
individual's conduct must be consistent with that status. If a
professional violates her or his duty of care toward client, the
professional may be sued for malpractice.
Identify when a breach is the "but, for" cause or "cause-in-
fact" of the harm. - Correct Answer-Causation Fact: An act or
omission which an event would not have occurred. Causation
fact can usually be determined by the use of the but for test;
"BUT FOR" the wrongful act the injury would not have
occurred. This type of claim is limitless.n the law, a proximate
cause is an event sufficiently related to a legally recognizable
injury to be held to be the cause of that injury. There are two
types of causation in the law: cause-in-fact, and proximate (or
legal) cause.
