BUL 3310 Exam with 100% Correct
Solutions to Questions
T or F: Pure comparative negligence is the defense in negligence cases that most
favors the plaintiff - Answer True
T or F: The reasonable person is a community ideal of reasonable behavior that
cannot vary from situation to situation - Answer False
T or F: The doctrine of res ipsa loquitur applies when a person causes damages
while violating a law or ordinance - Answer False
Famous Felines is a nightclub act featuring trained lions and tigers. After years of
successful and highly popular performances, one of the lions suddenly attacked a
spectator sitting in the audience. Famous Felines' liability to the injured spectator will
be based on ____. - Answer Strict liability
Valerie Vet accidentally left the back door to her pet clinic open and Cuddles, a canine
patient, escaped. Cuddles ran around in the road and in an adjacent field until she was
found and returned to the clinic half an hour later, completely unharmed. Is Valerie
liable to Cuddles' owner for negligence? - Answer No because Cuddles suffered no
injury while she was free
,If Mike owes a "slight duty of care" for property he is keeping for Doug, Mike would only
be liable for damages to the property caused by - Answer Gross negligence
Susan owns a pizza delivery franchise. She decides to make changes to her pizza making
process. Her changes decrease the care and quality control of the care of the ingredients
that need to be refrigerated. Several of her customers end up getting food poisoning.
What does she have the greatest risk of being sued for? - Answer Negligence
Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant
managers increases the production of the shampoo by cutting back on the
standard quality control checks in the industry. Unfortunately, a significant number
of their bottles of shampoo has too much "scalp chemical" and is causing people to
go bald. Under what legal theory is Vidal most at risk? - Answer Negligence
T or F: The difference between assault and battery is that assault results in more
bodily harm - Answer True
Local hunter went onto Neighbor's land because deer had been seen there. Hunter
knew that the land belonged to his height and it was posted against hunting. If
Neighbor sues Hunter:
A. Hunter will be liable for willful trespass to land
B. Hunter may be liable for punitive damages
C. Hunter may have to pay neighbor's court costs and attorneys fees - Answer All are
possible legal consequences
Tom took Ann's 125 Economics text from her locker without her knowledge and sold
it back to the college bookstore, keeping the profits. Tom has committed the tort of -
Answer Conversion
,In cases involving extensive injuries and a solvent or insured defendant, attorneys will
be paid a percentage of the award if the case is successful. Fees structured this way are
called _____ fees. - Answer Contingent
Mary, concerned with antibiotics and chemicals in the food supply, started to raise
pigs in the backyard of her suburban home. She now has fourteen pigs that produce a
significant amount of solid waste, which attracts insects and smells very bad. There are
no town or county ordinances that specifically forbid raising pigs. Her neighbors should
challenge her right to engage in this activity based on the tort of: - Answer Nuisance
Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary from the
hospital in which she worked and told Mary that her husband and son had died in a car
accident and their bodies were in the hospital morgue. In anguish, Mary rushed down
to the hospital. Beth had made up the entire story because she wanted to cause Mary
pain. Beth has committed the tort of - Answer Emotional distress
Defendant's failure to do what a reasonable and prudent person would do in
his circumstances subjects him liability for - Answer Negligence
The owner of a family car could be liable for damages, caused by any family
member using the car under the ____ doctrine - Answer Family purpose
Palsgraf v. Long Island Rail Road is the landmark case that limited damages in
negligence cases to those that are - Answer Foreseeable
Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home where
many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock
Star to breach his contract with Shady Pines and perform for them instead on that day.
They offered him more money and promised to pay for any liability
, he might have to Shady Pines. For what could Shady Pines sue Sunnydale? - Answer
Interference with a contractual relationship
T or F: To bring a suit for disparagement, the plaintiff must show specific
pecuniary losses attributable to the falsehood - Answer True
Toom took Ann's 125 Economics text from her locker without her knowledge and sold
it back to the college bookstore, keeping the profits. Tom has committed the tort of -
Answer Conversion
Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff if
the plaintiff wins, and nothing if the plaintiff loses, are _____ fees. - Answer Contingent
Pam and Sam took an overnight flight to Hawaii. Without their knowledge or
permission, an agent from Big Ad Agency took a picture of them as they slept and used
it in a full-age ad in a national magazine. The agency had superimposed an image of a
man in a business suit, working on a laptop, sitting next to them. The caption read "Our
Brokers Never Sleep." Pam and Sam could sue Big Ad for: - Answer Invasion of the right
to privacy
What is the primary purpose of tort law? - Answer Compensate victims for their losses
Willfull and wanton misconduct or conscious disregard for the safety of
others constitutes ____ negligence. - Answer Gross
The product defect in a strict liability suit can consist in: - Answer A defective design
of the product, a lack of adequate instructions for using the product, the use of
components imported from a foreign country instead of components manufactured in
the United States
Solutions to Questions
T or F: Pure comparative negligence is the defense in negligence cases that most
favors the plaintiff - Answer True
T or F: The reasonable person is a community ideal of reasonable behavior that
cannot vary from situation to situation - Answer False
T or F: The doctrine of res ipsa loquitur applies when a person causes damages
while violating a law or ordinance - Answer False
Famous Felines is a nightclub act featuring trained lions and tigers. After years of
successful and highly popular performances, one of the lions suddenly attacked a
spectator sitting in the audience. Famous Felines' liability to the injured spectator will
be based on ____. - Answer Strict liability
Valerie Vet accidentally left the back door to her pet clinic open and Cuddles, a canine
patient, escaped. Cuddles ran around in the road and in an adjacent field until she was
found and returned to the clinic half an hour later, completely unharmed. Is Valerie
liable to Cuddles' owner for negligence? - Answer No because Cuddles suffered no
injury while she was free
,If Mike owes a "slight duty of care" for property he is keeping for Doug, Mike would only
be liable for damages to the property caused by - Answer Gross negligence
Susan owns a pizza delivery franchise. She decides to make changes to her pizza making
process. Her changes decrease the care and quality control of the care of the ingredients
that need to be refrigerated. Several of her customers end up getting food poisoning.
What does she have the greatest risk of being sued for? - Answer Negligence
Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant
managers increases the production of the shampoo by cutting back on the
standard quality control checks in the industry. Unfortunately, a significant number
of their bottles of shampoo has too much "scalp chemical" and is causing people to
go bald. Under what legal theory is Vidal most at risk? - Answer Negligence
T or F: The difference between assault and battery is that assault results in more
bodily harm - Answer True
Local hunter went onto Neighbor's land because deer had been seen there. Hunter
knew that the land belonged to his height and it was posted against hunting. If
Neighbor sues Hunter:
A. Hunter will be liable for willful trespass to land
B. Hunter may be liable for punitive damages
C. Hunter may have to pay neighbor's court costs and attorneys fees - Answer All are
possible legal consequences
Tom took Ann's 125 Economics text from her locker without her knowledge and sold
it back to the college bookstore, keeping the profits. Tom has committed the tort of -
Answer Conversion
,In cases involving extensive injuries and a solvent or insured defendant, attorneys will
be paid a percentage of the award if the case is successful. Fees structured this way are
called _____ fees. - Answer Contingent
Mary, concerned with antibiotics and chemicals in the food supply, started to raise
pigs in the backyard of her suburban home. She now has fourteen pigs that produce a
significant amount of solid waste, which attracts insects and smells very bad. There are
no town or county ordinances that specifically forbid raising pigs. Her neighbors should
challenge her right to engage in this activity based on the tort of: - Answer Nuisance
Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary from the
hospital in which she worked and told Mary that her husband and son had died in a car
accident and their bodies were in the hospital morgue. In anguish, Mary rushed down
to the hospital. Beth had made up the entire story because she wanted to cause Mary
pain. Beth has committed the tort of - Answer Emotional distress
Defendant's failure to do what a reasonable and prudent person would do in
his circumstances subjects him liability for - Answer Negligence
The owner of a family car could be liable for damages, caused by any family
member using the car under the ____ doctrine - Answer Family purpose
Palsgraf v. Long Island Rail Road is the landmark case that limited damages in
negligence cases to those that are - Answer Foreseeable
Big 60s British Rock Star had a contract to perform at Shady Pines Retirement Home where
many of his fans now lived. Sunnydale Retirement Village, a business rival, convinced Rock
Star to breach his contract with Shady Pines and perform for them instead on that day.
They offered him more money and promised to pay for any liability
, he might have to Shady Pines. For what could Shady Pines sue Sunnydale? - Answer
Interference with a contractual relationship
T or F: To bring a suit for disparagement, the plaintiff must show specific
pecuniary losses attributable to the falsehood - Answer True
Toom took Ann's 125 Economics text from her locker without her knowledge and sold
it back to the college bookstore, keeping the profits. Tom has committed the tort of -
Answer Conversion
Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff if
the plaintiff wins, and nothing if the plaintiff loses, are _____ fees. - Answer Contingent
Pam and Sam took an overnight flight to Hawaii. Without their knowledge or
permission, an agent from Big Ad Agency took a picture of them as they slept and used
it in a full-age ad in a national magazine. The agency had superimposed an image of a
man in a business suit, working on a laptop, sitting next to them. The caption read "Our
Brokers Never Sleep." Pam and Sam could sue Big Ad for: - Answer Invasion of the right
to privacy
What is the primary purpose of tort law? - Answer Compensate victims for their losses
Willfull and wanton misconduct or conscious disregard for the safety of
others constitutes ____ negligence. - Answer Gross
The product defect in a strict liability suit can consist in: - Answer A defective design
of the product, a lack of adequate instructions for using the product, the use of
components imported from a foreign country instead of components manufactured in
the United States
