BUL 3310 EXAM PREP WITH COMPLETE
SOLUTION
In contributory fault states, if the plaintiff was responsible for 20 percent of his own injuries, he
will still be able to collect the other 80 percent from the negligent defendant
T/F - =False
A tort can be a wrongful act against a person, a person's property, or both.
T/F - =True
All of the following are economic losses except:
A. lost income
B. lost tips
C. lost sales commission
D. losses from pain and suffering - =Losses from pain and suffering
The doctrine under which employers are liable for torts committed by employees while they
are acting within the scope of their employment is ___
Joint and several liability
Respondeat superior
Negligence per se
Res ipsa loquitur. - =Respondeat superior
,Al, Bill, Chad, and Dan were found jointly and severally liable for 100,000 of property damages
caused when a fraternity got out of hand. Al, Bill, and Chad do not have the money to pay for
their share of the damages. The only solvent defendant is Dan. The most that Dan will have to
pay is
25000
50000
75000
100000 - =100,000
In Joint and several liability one party is potentially liable to pay the entire amount of the
judgement
T/F - =True
In most states, children under the age of ___ cannot be held liable for negligence - =7
There are no defenses available to a defendant manufacturer in market share liability cases
T/F - =False
An action for mental distress normally requires the plaintiff to exhibit some physical symptoms
of emotional suffering
T/F - =True
To be liable for trespass to land a person must know that the property belongs to another
T/F - =False
,Local hunter went onto Neighbor's land because deer had been seen there. Hunter knew that
the land belonged to his neighbor and that it was posted against hunting. If Neighbor sues
Hunter,
Hunter will be liable for willful trespass to land.
Hunter may be liable for punitive damages.
Hunter may have to pay neighbor's court costs and attorney's fees
A, B and C are all possible legal consequences. - =A, B and C are all possible legal consequences.
Tom took Al's car without Al's permission and used it for two days before returning it. Tom has
committed the tort of conversion
T/F - =False
Injunctions are available as remedies in nuisance cases
T/F - =True
Sam's neighbor has opened an animal rescue on his property. This is an entirely legal
enterprise, but Sam hears animals barking, squaking, screaming, etc... 24 hours a day, cannot
hear his television or talk on the phone. What tort, if any, is ... - =Nuisance
Company A has entered into a contract to acquire Company B. Hearing of this, Company C
offers to acquire Company B for more money and to idemnify the directors of Company B for
any damages resulting from its breaching its contract with Company A. Company A can sue
Company C for the tort of
Breach of contract
, Trespass
Interference with contractual relations
Interference with prospective advantage - =Interference with contractual relations
To bring a suit for disparagement, the plaintiff must show specific pecuniary losses attributable
to the falsehood
T/F - =True
The tort of wrongful appropriation of another's goodwill includes reverse engineering another's
product
T/F - =False
Wendy Witness testified for the plaintiff in a suit against Dan Defendant in which he was
charged with fraud. The jury found for Dan. Dan wants to sue Wendy for defamation because
the statements she made about him on the witness stand were ... - =Dan cannot sue Wendy for
defamation because she has an absolute privilege as a trial witness
What is the difference between libel and slander?:
Libel is a written communication, and slander is an oral communication.
Libel is also a felony, but slander is not.
Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.
SOLUTION
In contributory fault states, if the plaintiff was responsible for 20 percent of his own injuries, he
will still be able to collect the other 80 percent from the negligent defendant
T/F - =False
A tort can be a wrongful act against a person, a person's property, or both.
T/F - =True
All of the following are economic losses except:
A. lost income
B. lost tips
C. lost sales commission
D. losses from pain and suffering - =Losses from pain and suffering
The doctrine under which employers are liable for torts committed by employees while they
are acting within the scope of their employment is ___
Joint and several liability
Respondeat superior
Negligence per se
Res ipsa loquitur. - =Respondeat superior
,Al, Bill, Chad, and Dan were found jointly and severally liable for 100,000 of property damages
caused when a fraternity got out of hand. Al, Bill, and Chad do not have the money to pay for
their share of the damages. The only solvent defendant is Dan. The most that Dan will have to
pay is
25000
50000
75000
100000 - =100,000
In Joint and several liability one party is potentially liable to pay the entire amount of the
judgement
T/F - =True
In most states, children under the age of ___ cannot be held liable for negligence - =7
There are no defenses available to a defendant manufacturer in market share liability cases
T/F - =False
An action for mental distress normally requires the plaintiff to exhibit some physical symptoms
of emotional suffering
T/F - =True
To be liable for trespass to land a person must know that the property belongs to another
T/F - =False
,Local hunter went onto Neighbor's land because deer had been seen there. Hunter knew that
the land belonged to his neighbor and that it was posted against hunting. If Neighbor sues
Hunter,
Hunter will be liable for willful trespass to land.
Hunter may be liable for punitive damages.
Hunter may have to pay neighbor's court costs and attorney's fees
A, B and C are all possible legal consequences. - =A, B and C are all possible legal consequences.
Tom took Al's car without Al's permission and used it for two days before returning it. Tom has
committed the tort of conversion
T/F - =False
Injunctions are available as remedies in nuisance cases
T/F - =True
Sam's neighbor has opened an animal rescue on his property. This is an entirely legal
enterprise, but Sam hears animals barking, squaking, screaming, etc... 24 hours a day, cannot
hear his television or talk on the phone. What tort, if any, is ... - =Nuisance
Company A has entered into a contract to acquire Company B. Hearing of this, Company C
offers to acquire Company B for more money and to idemnify the directors of Company B for
any damages resulting from its breaching its contract with Company A. Company A can sue
Company C for the tort of
Breach of contract
, Trespass
Interference with contractual relations
Interference with prospective advantage - =Interference with contractual relations
To bring a suit for disparagement, the plaintiff must show specific pecuniary losses attributable
to the falsehood
T/F - =True
The tort of wrongful appropriation of another's goodwill includes reverse engineering another's
product
T/F - =False
Wendy Witness testified for the plaintiff in a suit against Dan Defendant in which he was
charged with fraud. The jury found for Dan. Dan wants to sue Wendy for defamation because
the statements she made about him on the witness stand were ... - =Dan cannot sue Wendy for
defamation because she has an absolute privilege as a trial witness
What is the difference between libel and slander?:
Libel is a written communication, and slander is an oral communication.
Libel is also a felony, but slander is not.
Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.
