MGMT 311 LATEST 2026 TEST PAPER QUESTIONS AND
ANSWERS GRADED A+
✔✔intentional torts against property - ✔✔1. trespass to land
2. trespass to personal property
3. conversion
4. disparagement of property
✔✔real v.s personal property - ✔✔real: land & things permanently attached to the land
personal: everything else
✔✔trespass to land - ✔✔the entry onto, above, or below the surface of land owned by
another without the owner's permission or legal authorization (no harm is necessary)
✔✔establishing trespass - ✔✔before making someone a trespasser there has to be a
sing warning, but if the person enters onto another's property to commit an illegal act
(stealing) is trespassing without posted sings
✔✔liability of harm of trespasser is subject to what? - ✔✔reasonable duty of care
✔✔attractive nuance doctrine - ✔✔if a child is attracted to something on your property
and trespasses which results in injury, the home owner is liable for damages
✔✔defenses to trespassing - ✔✔- the trespasser can prove they were warranted
(saving someone in danger)
- the trespasser had license to enter
✔✔licensee - ✔✔one who receives a license to use, or enter onto, another's property
✔✔t/f: licenses are revocable by the owner - ✔✔t
✔✔trespass to personal property - ✔✔whenever any individual wrongfully takes or
harms the personal property of another or otherwise interferes with the lawful owner's
possession and enjoyment of personal property
✔✔conversion - ✔✔any act that deprives an owner of personal property or of the use of
that property without the owner's permission and without just cause
- failure to return goods
- intention (thought they were entitled to the goods)
✔✔disparagement of property - ✔✔an economically injurious false statement made
about another's product or property
- slander of quality
- slander of title
,✔✔slander of quality - ✔✔the publication of false information about another's product,
alleging that it is not what its seller claims (trade libel)
✔✔to prove slander of quality, the plaintiff must prove what? - ✔✔improper publication
caused a third party to refrain from dealing with the plaintiff and the plaintiff suffered
economic damages
✔✔slander of title - ✔✔the publication of a statement that denies or casts doubt on
another's legal ownership of any property, causing financial loss to that property's owner
✔✔unintentional torts (negligence) - ✔✔someone suffers injury because of another's
failure to live up to a required duty of care
✔✔negligence involves what 2 factors? - ✔✔1. risk was involved
2. risk is foreseeable
✔✔in order for the plaintiff to prove negligence the must prove what? - ✔✔1. duty:
defendant has a duty established
2. breach: the duty was breached
3. causation: the defendants actions caused plaintiffs injury
4. damages: plaintiff suffered a legally recognizable injury
✔✔the duty of care & its breach - ✔✔the duty of all persons, as established by tort law,
to exercise a reasonable amount of care in their dealings with others & failure to
exercise due care, which is normally determined by the reasonable person standard,
constitutes the tort of negligence
✔✔3 factors in determining wether duty of care has been breached - ✔✔1. nature of the
act (was it outrageous)
2. the manner in which the act was preformed (was is cautious)
3. nature of the injury (was it a serious injury)
✔✔reasonable person standard - ✔✔a measurement of the way members of society
expect an individual to act in a given situation
✔✔the duty of landowners - ✔✔people who invite others onto property have a duty to
keep the premises safe
✔✔duty to warm business invitees of risks - ✔✔owners has a duty to warn business
invitees of risks that they know about or should have known about
✔✔exceptions to the duty to warn business invitees - ✔✔the risk is very obvious
, ✔✔the duty of professionals - ✔✔- professionals may owe higher duty of care based on
special education, skill or intelligence
- breach of duty is called professional malpractice
- their skills & expertise are taken into account when considering what is reasonable
✔✔malpracitce - ✔✔professional negligence
- medical malpractice
- legal malpractice
✔✔2 causation questions (both must be proved true to have standing) - ✔✔1. is there
causation in fact? (if the injury would not have occurred without the defendants act,
there is causation in fact)
2. was the act the legal cause of injury? (proximate or legal cause exists when the
connection between the act and the injury is strong enough to impose liability)
✔✔forseeablity - ✔✔it is unfair to make the defendant liable for their action unless they
knew about the foreseeable risk
✔✔what is the test for proximate cause? - ✔✔foreseeability
✔✔what must be present for the plaintiff to receive compensation for negligence? -
✔✔harm or injury
✔✔good samaritan statute - ✔✔a state statute stipulating that persons who provide
emergency services to, or rescue, someone in peril cannot be sued for negligence,
unless they act recklessly, thereby causing further harm
✔✔defenses to negligence - ✔✔- plaintiff failed to prove one of the elements of
negligence
- assumption of risk
- superseding cause
- contributory & comparative negligente
✔✔assumption of risk - ✔✔- plaintiff was aware of the risk
- voluntary assumption of the risk
✔✔superseding clause - ✔✔an intervening force or event that breaks the connection
between a wrongful act and an injury to another; in negligence law, a defense to liability
✔✔contributory negligence - ✔✔a rule in tort law, used in only a few states, that
completely bars the plaintiff from recovering any damages if the damage suffered is
partly the plaintiff's own fault
ANSWERS GRADED A+
✔✔intentional torts against property - ✔✔1. trespass to land
2. trespass to personal property
3. conversion
4. disparagement of property
✔✔real v.s personal property - ✔✔real: land & things permanently attached to the land
personal: everything else
✔✔trespass to land - ✔✔the entry onto, above, or below the surface of land owned by
another without the owner's permission or legal authorization (no harm is necessary)
✔✔establishing trespass - ✔✔before making someone a trespasser there has to be a
sing warning, but if the person enters onto another's property to commit an illegal act
(stealing) is trespassing without posted sings
✔✔liability of harm of trespasser is subject to what? - ✔✔reasonable duty of care
✔✔attractive nuance doctrine - ✔✔if a child is attracted to something on your property
and trespasses which results in injury, the home owner is liable for damages
✔✔defenses to trespassing - ✔✔- the trespasser can prove they were warranted
(saving someone in danger)
- the trespasser had license to enter
✔✔licensee - ✔✔one who receives a license to use, or enter onto, another's property
✔✔t/f: licenses are revocable by the owner - ✔✔t
✔✔trespass to personal property - ✔✔whenever any individual wrongfully takes or
harms the personal property of another or otherwise interferes with the lawful owner's
possession and enjoyment of personal property
✔✔conversion - ✔✔any act that deprives an owner of personal property or of the use of
that property without the owner's permission and without just cause
- failure to return goods
- intention (thought they were entitled to the goods)
✔✔disparagement of property - ✔✔an economically injurious false statement made
about another's product or property
- slander of quality
- slander of title
,✔✔slander of quality - ✔✔the publication of false information about another's product,
alleging that it is not what its seller claims (trade libel)
✔✔to prove slander of quality, the plaintiff must prove what? - ✔✔improper publication
caused a third party to refrain from dealing with the plaintiff and the plaintiff suffered
economic damages
✔✔slander of title - ✔✔the publication of a statement that denies or casts doubt on
another's legal ownership of any property, causing financial loss to that property's owner
✔✔unintentional torts (negligence) - ✔✔someone suffers injury because of another's
failure to live up to a required duty of care
✔✔negligence involves what 2 factors? - ✔✔1. risk was involved
2. risk is foreseeable
✔✔in order for the plaintiff to prove negligence the must prove what? - ✔✔1. duty:
defendant has a duty established
2. breach: the duty was breached
3. causation: the defendants actions caused plaintiffs injury
4. damages: plaintiff suffered a legally recognizable injury
✔✔the duty of care & its breach - ✔✔the duty of all persons, as established by tort law,
to exercise a reasonable amount of care in their dealings with others & failure to
exercise due care, which is normally determined by the reasonable person standard,
constitutes the tort of negligence
✔✔3 factors in determining wether duty of care has been breached - ✔✔1. nature of the
act (was it outrageous)
2. the manner in which the act was preformed (was is cautious)
3. nature of the injury (was it a serious injury)
✔✔reasonable person standard - ✔✔a measurement of the way members of society
expect an individual to act in a given situation
✔✔the duty of landowners - ✔✔people who invite others onto property have a duty to
keep the premises safe
✔✔duty to warm business invitees of risks - ✔✔owners has a duty to warn business
invitees of risks that they know about or should have known about
✔✔exceptions to the duty to warn business invitees - ✔✔the risk is very obvious
, ✔✔the duty of professionals - ✔✔- professionals may owe higher duty of care based on
special education, skill or intelligence
- breach of duty is called professional malpractice
- their skills & expertise are taken into account when considering what is reasonable
✔✔malpracitce - ✔✔professional negligence
- medical malpractice
- legal malpractice
✔✔2 causation questions (both must be proved true to have standing) - ✔✔1. is there
causation in fact? (if the injury would not have occurred without the defendants act,
there is causation in fact)
2. was the act the legal cause of injury? (proximate or legal cause exists when the
connection between the act and the injury is strong enough to impose liability)
✔✔forseeablity - ✔✔it is unfair to make the defendant liable for their action unless they
knew about the foreseeable risk
✔✔what is the test for proximate cause? - ✔✔foreseeability
✔✔what must be present for the plaintiff to receive compensation for negligence? -
✔✔harm or injury
✔✔good samaritan statute - ✔✔a state statute stipulating that persons who provide
emergency services to, or rescue, someone in peril cannot be sued for negligence,
unless they act recklessly, thereby causing further harm
✔✔defenses to negligence - ✔✔- plaintiff failed to prove one of the elements of
negligence
- assumption of risk
- superseding cause
- contributory & comparative negligente
✔✔assumption of risk - ✔✔- plaintiff was aware of the risk
- voluntary assumption of the risk
✔✔superseding clause - ✔✔an intervening force or event that breaks the connection
between a wrongful act and an injury to another; in negligence law, a defense to liability
✔✔contributory negligence - ✔✔a rule in tort law, used in only a few states, that
completely bars the plaintiff from recovering any damages if the damage suffered is
partly the plaintiff's own fault
