BLAW 3310 Exam 2 Updated 2024/2025 Actual Questions and answers with complete solutions

BLAW 3310 Exam 2 "Reasonable person" standard of care - Represents how persons in the relevant community ought to behave; a theoretical concept It describes a hypothetical person who acts in a reasonable manner under the circumstances. Perfection is not required but errors in judgment must be reasonable or excu sable under circumstances, or negligence will be found 3 types of liability - 1. Design Defect 2. Inadequate Warning 3. Manufacturing Defect 51% Rule for contributory negligence - The plaintiff must contribute at least 51% of the negligence for no recovery to be allowed. Acceptance - An offeree's expression of assent or agreement to the terms of the offer. Adverse possession - Allows a person who possesses someone else's land for an extended period of time to claim legal title to that land. Assault - Any word or action intended to cause another to be in fear of immediate physical harm Assignment - A transfer of one's interest in property or a contract to another person. Assumed name certificate - A legal document showing the operating name of a company, as opposed to the legal name of the company. Assumption of Risk - States a plaintiff may not recover for the injuries or damages that result from an activity in which the plaintiff willingly participated. Battery - The intentional unallowed touching of another. The "touching" may involve a mere touch that is offensive or an act of violence that causes serious injury Business torts - Areas of tort laws that are of special interest to businesses. Capacity to contract - The mental capacity required by law for a party entering into a contract to be bound by that contract. Causation in fact - An act or omission without which an event would not have occurred. Courts express this in the form of a rule commonly referred to as the "but for" rule: the injury to a person would not have happened but for the conduct of the wrongdoer Charles Miller d/b/a Miller burgers - "Doing business as" Cloud to title - Defects in a title Commercial leases - Signage, relocation, subleasing, percentage of expenses, and right of first refusal. Comparative negligence - A defense to negligence whereby the plaintiffs damages are reduced by the proportion his fault bears to the total injury he has suffered Conditional priviledge - A defense in defamation cases affirming that the defendant published in good faith or as part of a duty to publish Consent - A voluntary agreement, implied or expressed, to submit to a proposition or act of another Contracts - An agreement upon sufficient consideration, to do or not do something. Has to be voluntarily. There has to be both an offer and an acceptance. Convenants - A means by which owners of estates in land can make agreements that bind their successors. It is a binding obligation that goes with property when it is transferred to a new owner, who must abide by the covenant. Copyright - Rights of literary property as recognized by law. They are intangible assets that are held by the author or owned for a certain time period. Last for the author's life + 75 years Counterfeiting - The copying or imitating of a mark without authority to do so. Passing off goods as if they were original Counteroffer - An offeree's response to an offer rejecting the offeror's original offer and at the same time making a new offer. Cybersquatting - Occurs when a trademark is used improperly in a domain name. Deeds - A writing and transfer or convey title from the current property owner to the new owner. Defamation - An intentional false communication, either published or publicly spoken, that injures another's reputation or good name Defenses - Assumed risk Product misuse Statutory limits Government contractor liability Ultra hazardous liability