Sophia Business Law ch. 7-13 Practice Questions & Answers Correct 100%

A wrongful act need not actually be the cause of an injury for liability on a theory of negligence. - Answer False. A reasonable person standard determines whether allegedly negligent conduct breached a duty of care. - Answer True Negligence requires a failure to exercise due care. - Answer True Strict liability is liability strictly for intended results. - Answer False. Strict liability requires a failure to exercise due care. - Answer False. In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit. - Answer True. Assumption of risk can be raised as a defense in a negligence suit. - Answer True. Strict liability applies only to abnormally dangerous activities. - Answer False. Good intentions are not a defense against a charge of negligence. - Answer True. An unforeseeable superseding event can break the connection between a wrongful act and an injury. - Answer True. Driving a car negligently, Rollo crashes into a phone pole. The pole falls, smashing through the roof of a house, killing Silky. But for Rollo's negligence, Silky would not have died. Regarding the death, the crash is a. cause in fact b. intervening cause c. proximate cause d. superseding cause - Answer a. cause in fact Hortense, a salesperson for Idling Corporation, causes a car accident while on business. Hortense and Idling are liable to a. all those who were injured b. only those who were uninsured c. only those whose injuries could have been reasonable foreseen d. only those with whom Hortense was doing business - Answer c. only those whose injuries could have been reasonable foreseen Resource Mining Company engages in blasting operations. This is subject to strict liability because a. blasting is a dangerous activity b. blasting is a negligent activity c. mining can be done without blasting d. RMC is a mining company - Answer a. blasting is a dangerous activity To protect its customers and other business invitees, Grocers Market must warn them of a. all dangers b. hidden dangers c. obvious dangers d. no dangers - Answer b. hidden dangers Major Construction, Inc. uses dynamite in its products. Neil stores household chemicals in the garage. Most likely liable for any injury caused by an abnormally dangerous activity is a. MCI and Neil b. MCI only c. Neil only d. neither MCI nor Neil - Answer b. MCI only Curt owns Destruction Corporation, a demolition company. A demolition by a DC crew injures Elise, a passerby. Under the doctrine of strict liability, Curt must pay for Elise's injury a. only if the injury was not reasonably foreseeable b. only if the injury was reasonably foreseeable c. only if the crew was at fault d. whether or not the crew was at fault - Answer d. whether or not the crew was at fault Stefano, an engineer, supervises the construction of a new house. When the house collapses die to the faulty construction, the injured parties sue Stefano. As a professional, he is held to the same standard of care as a. ordinary persons b. other engineers c. other professionals, including accountants, attorneys, and physicians d. the injured parties - Answer b. other engineers Gail hires Harry to design an office building. Dissatisfied with the look of the building, Gail sues Harry for negligence. Harry can successfully defend against the suit by showing that he a. designed the building as attractively as any ordinary person could b. designed the building as attractively as Gail could c. did not injure Gail d. does not no that much about art - Answer c. did not injure Gail Lara enters Marathon, an athletic competition. Regarding the risk of injury, Lara assumes a. all of the risks normally associated with the event b. all of the risks different than those normally associated with the event c. only the risks greater than those normally associated with the event - Answer a. all of the risks normally associated with the event Nina is injured in a truck accident and sues Owen, alleging negligence. Owen claims that Nina was driving carelessly. Comparative negligence many reduce Nina's recovery a. even is Nina was only slightly at fault b. only if Nina was as equally at fault as Owen c. only if Nina was less at fault than Owen d. only if Nina was more at fault than Owen - Answer a. even if Nina was only slightly at fault To obtain a patent, an applicant must show that an invention is genuine, novel, useful, and not obvious in light of current technology. - Answer True To obtain a copyright, an author must show that a work is genuine, novel, useful, and not a copy of a current copyrighted work. - Answer False In determining whether the use of a copyrighted work is infringement under the fair use doctrine, one factor is the effect of that use on the market for the copyrighted work. - Answer True A personal name is protected under trademark law if it acquires a secondary meaning. - Answer True A formula for a chemical compound is not a trade secret. - Answer False A trade name, like a trademark, can be registered with the federal government. - Answer False A copy must be exactly the same as an original work to infringe on its copyright. - Answer False Only the intentional use of another's trademark is trademark infringement. - Answer False Using another's trademark in a domain name without permission violates federal law. - Answer True Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark. - Answer False Johnnycakes, Inc. uses Pattycake Corporation's patented formula in Johnnycake's recipe for a similar product, without Pattycakes permission. This is a. copyright infringement b. patent infringement c. trademark infringement d. none of those choices - Answer b. patent infringement Omega Inc. uses a trademark on its products that no one, including Omega, has registered with the government. Under federal trademark law, Omega a. can register the mark for protection b. cannot register a mark that has been used in commerce c. is guilty of trademark infringement d. must postpone registration until the mark has been out of use for three years - Answer a. can register the mark for protection