BUL3310 EXAM 2! with 100% Correct
Solutions to Questions
negligence - Answer Defendant's failure to do what a reasonable and prudent
person would do in his circumstances subjects him to liability for
A and B
a. A person has a loathsome disease
b. A doctor is unfit to practice medicine - Answer Damages need not be proved in
a defamation suit if the defamatory statement claims that
Respondeat superior - Answer The doctrine under which employers are liable for
torts committed by employees while they are acting within the scope of their
employment is___________.
Disparagement - Answer Competitor wrongfully claims that one of the ingredients
used in the manufacture of Hungry Dog dog food contains melanine, which is
poisonous to animals. Competitor has committed the tort of____________.
false - Answer To be liable for trespass to land a person must know that the
property belongs to another.
,Compensate victims for their losses - Answer What is the primary purpose of tort law?
The tort of invasion of the right to privacy - Answer Protects individuals from the
shame and humiliation of having private aspects of their lives exposed to the public
true - Answer Pure comparative negligence is the defense in negligence cases that most
favors the plaintiff.
false - Answer Assumption of the risk is an element of negligence that must be
proved by the plaintiff.
true - Answer A duty is a legal obligation imposed by law or voluntarily assumed
by promise.
false - Answer Both contributory negligence and comparative negligence can be
asserted as defenses in cases brought in strict liability.
actual cause - Answer Juries use the "but for" test (i.e. "but for the negligent act of the
defendant would the plaintiff have been injured") to decide if the requirement of
__________________is met.
true - Answer The 50% Rule is associated with comparative fault systems.
true - Answer Plaintiff was 10% at fault for a car accident in which he was injured. In
a contributory negligence state, plaintiff would recover nothing from the defendant
although the defendant was 90% at fault.
gross negligence - Answer 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
, Res ipsa loquitur - Answer The doctrine that creates a rebuttable presumption that
a defendant was negligent based on the nature and circumstances of the injury is
false - Answer The doctrine of res ipsa loquitur applies when a person causes damages
while violating a law or ordinance.
Interference with contractual relations - Answer 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 indemnify 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
conversion - Answer 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
Would a casual observer or buyer be deceived into buying Coda instead of Coca Cola? -
Answer Coca Cola wants to sue Coda Cola for trademark infringement. Coda soda cans
have the same colors and ribbon letters as Coca Cola, and the names are very similar.
Which of the following is the test used to determine if Coda's packaging is
deceptively similar to Coca Cola's packaging?
false imprisonment - Answer When a business detains a suspected shoplifter it must be
careful not to commit the tort of
emotional distress - Answer 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,
true - Answer General damages are also called compensatory damages.
Solutions to Questions
negligence - Answer Defendant's failure to do what a reasonable and prudent
person would do in his circumstances subjects him to liability for
A and B
a. A person has a loathsome disease
b. A doctor is unfit to practice medicine - Answer Damages need not be proved in
a defamation suit if the defamatory statement claims that
Respondeat superior - Answer The doctrine under which employers are liable for
torts committed by employees while they are acting within the scope of their
employment is___________.
Disparagement - Answer Competitor wrongfully claims that one of the ingredients
used in the manufacture of Hungry Dog dog food contains melanine, which is
poisonous to animals. Competitor has committed the tort of____________.
false - Answer To be liable for trespass to land a person must know that the
property belongs to another.
,Compensate victims for their losses - Answer What is the primary purpose of tort law?
The tort of invasion of the right to privacy - Answer Protects individuals from the
shame and humiliation of having private aspects of their lives exposed to the public
true - Answer Pure comparative negligence is the defense in negligence cases that most
favors the plaintiff.
false - Answer Assumption of the risk is an element of negligence that must be
proved by the plaintiff.
true - Answer A duty is a legal obligation imposed by law or voluntarily assumed
by promise.
false - Answer Both contributory negligence and comparative negligence can be
asserted as defenses in cases brought in strict liability.
actual cause - Answer Juries use the "but for" test (i.e. "but for the negligent act of the
defendant would the plaintiff have been injured") to decide if the requirement of
__________________is met.
true - Answer The 50% Rule is associated with comparative fault systems.
true - Answer Plaintiff was 10% at fault for a car accident in which he was injured. In
a contributory negligence state, plaintiff would recover nothing from the defendant
although the defendant was 90% at fault.
gross negligence - Answer 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
, Res ipsa loquitur - Answer The doctrine that creates a rebuttable presumption that
a defendant was negligent based on the nature and circumstances of the injury is
false - Answer The doctrine of res ipsa loquitur applies when a person causes damages
while violating a law or ordinance.
Interference with contractual relations - Answer 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 indemnify 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
conversion - Answer 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
Would a casual observer or buyer be deceived into buying Coda instead of Coca Cola? -
Answer Coca Cola wants to sue Coda Cola for trademark infringement. Coda soda cans
have the same colors and ribbon letters as Coca Cola, and the names are very similar.
Which of the following is the test used to determine if Coda's packaging is
deceptively similar to Coca Cola's packaging?
false imprisonment - Answer When a business detains a suspected shoplifter it must be
careful not to commit the tort of
emotional distress - Answer 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,
true - Answer General damages are also called compensatory damages.
