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BLAW 3310 EXAM 2 QUESTIONS WITH 100% CORRECT ANSWERS

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BLAW 3310 EXAM 2 QUESTIONS WITH 100% CORRECT ANSWERS

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A defense to negligence whereby the plaintiffs damages are reduced by the
proportion his fault bears to the total injury he has suffered


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Comparative negligence




The encroachment on the right of a person to their solitude, the appropriation of a
person's reputation for commercial purposes, or the public disclosure of facts that the
person had a legal right to keep private


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Invasion of privacy

,1. A defect in the product from manufacturing.
2. The defect created an unreasonably dangerous product.
3. The defect was the proximate cause of or a substantial factor in bringing about the
injury.
4. The injury caused damages.


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EX. 7.2 on Pg. 180
4 Key areas needed to establish liability




Awarded when the wrongdoer's conduct has been willful or malicious and fraud was
involved, bringing in tort issues.
Allows the plaintiff to receive relief beyond compensatory and expectancy damages.


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Punitive damages




Allows a person who possesses someone else's land for an extended period of time
to claim legal title to that land.


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Adverse possession




A tort when a business attempts to improve its place in the market by interfering with
another's attempt to gain new business by use of improper acts.

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Interference with prospective advantage




Include rent, lease duration, liability, termination, subleasing, and security deposit.


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Standard lease provisions




Areas of tort laws that are of special interest to businesses.


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Business torts




1. The purpose and character of the copying (commercial use or for nonprofit
educational use)
2. The nature of the copyrighted work
3. The extent of the copying
4. The effect of the copying on the market for the work.


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Factors determining fair use

, Contracts that were once valid, but because of a subsequent illegality, will not be
enforced by the courts.


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Unenforceable contracts




Confidential datas that are developed and owned by a business.
Any proprietary information the company has that another does not.


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Trade secrets




May be expressed through words, in writing, or implied by conduct.


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Ratification




A claim that tort liability should be assigned to a producer for injuries suffered by a
consumer due to a defect or hazard in a product that was not known by the producer
at the time the product was made.


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