LSB 3213 Raun, Exam 2 Practice Problems.docx

Libel involves what type of communication of defamatory language. - correct answer Written (Libel=Letter) Liability for negligence will be established as long as there is a finding that the negligence conduct actually cause the resulting harm. - correct answer True - causation in fact, when the cause and effect relationship between act and injury is actual. Must be foreseeable. If a contract must be in writing under the statue of frauds, the rents authority to perform the same duty must also be in writing. - correct answer True - equal dignity rule requireires that if the contract being executed must be in writing then the agent's authors must be in writing. Power of Attorney. Joy invites Kent into her apartment. Kent commits trespass to land if he - correct answer Refuses to leave when Joy asks him to go - Does not need to cause physical harm to the property to be trespassing. An oral defamatory statement does/does not need to be communicated to a third party to be actionable. - correct answer Does - an oral defamatory statement involves the tort of slander and needs proof To determine whether a duty of care has been breached, a judge will measure the actions of the parties in comparison to how he or she would have acted int he same circumstances - correct answer False - A business owner must only exercise reasonable care to protect patrons. To avoid liability for negligence, a business owner must protect its patrons against all risks which might possibly occur while on the business premises. - correct answer False - A business owner must only exercise reasonable care to protect patrons Kelly is an appliance salesperson. Kelly commits fraud if, to make a sale, she - correct answer Represents as a fact something that she knows is untrue. Under the doctrine of strict liability, a defendant is liable for the results of his or her acts regardless of whether he or she intended those results - correct answer True - A person who engages in certain activities can be held liable even if there was no intent of harm and they used the utmost care. Proximate cause exists when the connection between an act and an injury is close enough and strong enough to justify imposing liability - correct answer True - If you can relate injury to the actions of another to the point where this wouldn't have happened fi the actions weren't taking place than its proximate clause. The degree of care to be exercised in a situation can very with a person's profession or occupation - correct answer True - Persons who have superior knowledge in a field or line of work have a higher degree of care than an ordinary person. Malpracticing is the term used for professional negligence. To commit trespass to land, a person must damage the land or premises in some fashion - correct answer False - The land or estate does not have to be damaged The rights under a contract for personal service normally can be assigned. - correct answer False - Rights can not be assigned if; statute expresses prohibits assignments, the contract is for personal performance, the assignment will materially alter the obligations risks or duties, the contract prohibits assignments. Punitive damages are intended to punish a wrongdoer and deter others. - correct answer True - usually only available in intentional tort actions. Rarely in negligence torts. Punitive damages are appropriate only when the defendant's conduct is particularly blameworthy. Tort law provides legal remedies for both personal injury and proper damages - correct answer True - Compensates those who have suffered from the result of the wrongdoing of others. Compensatory damages, special damages and general damages. Special damages include costs of replacing or repairing damaged property. If no harm results from allegedly negligent act, there is no liability. - correct answer True - Harm or injury must have caused the harm to be committed. Publishing false information about another's product, alleging that it is not what its seller claims, constitutes the tort of conversion. - correct answer False A contract that contains a clause prohibiting its assignment will prevent it from being assigned. - correct answer True The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence - correct answer True - "the facts speak for themselves". The event that created the damage or injury would not happen ordinary (in the absence of negligence) A battery can occur only if the victim suffers actual physical harm - correct answer False - Battery is actual physical harm or an offensive contract An individual's right to privacy includes the exclusive use of his or her likeness - correct answer True Internet Services, Inc. employés Joe as an agent. During the agency, Joe acquires new skills. After the termination of the relationship, Joe uses those skills in a new job. Joe has breached - correct answer No duty - as long as he does not disclose trade secrets or customer lists complied by principle. Bob pushes Carol. Carol falls and breaks her arm. Bob is liable for the injury - correct answer If Bob intended to push Carol. A general power of attorney may be created orally - correct answer False - It is only created through written documents AMC employs Belle as an agent. To terminate Belle's authority, AMC must notify - correct answer Belle and any third parties who know about the agency relationship - must notify third parties A minor can be an agent - correct answer True - Anyone can be an agent