BUL 3310 Exam 2 Study Guide FSU
Questions and Answers 100% Pass
Compensatory Damages - ANSWER ✔✔-Money imposed on defendant as compensation for plaintiff
Punitive/Exemplary Damages - ANSWER ✔✔-Money damages to punish person with evil intent. May
have some funds go to the state
Respondeat Superior - ANSWER ✔✔-Employer responsible for employees
Joint and Several Libaility - ANSWER ✔✔-Every group member is responsible for paying 100% damages
Liability of Children - ANSWER ✔✔-- Under 7, no liability
- 7-10, partial liability (depending on case)
- 10-14, treated like adults
Assault - ANSWER ✔✔-Harmful/offensive contact
Battery - ANSWER ✔✔-Completion of assault
- consent, self defense, defense of property
Trespass to Land - ANSWER ✔✔-Harm to land not required; Assume risk of premises
- Warranted, save life, "owner" has no rights
Trespass to Chattels (personal property) - ANSWER ✔✔-Harm personal property
Conversion - ANSWER ✔✔-Person uses personal property as their own
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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
Bailee - ANSWER ✔✔-Party who takes possession of property belonging to another with the
understanding that the property must be returned to the owner or delivered to a designated third party
Nuisance - ANSWER ✔✔-Activity that harms people, property, or public
Disparagement (of property) - ANSWER ✔✔-Economically injurious falsehoods are made about a
product or property
Slander of Quality - ANSWER ✔✔-Publishing false info
Slander of Title - ANSWER ✔✔-Publishing doubts about other's legal ownership of property
Enforceable Contract - ANSWER ✔✔-Made between 2 parties and with a 3rd party's knowledge
Interference with Prospective Advantage - ANSWER ✔✔-- Cannot interfere business relationship to gain
market share
- Defenses: bona fide competitive behavior and free competition in advertising
Slander - ANSWER ✔✔-Oral
Libel - ANSWER ✔✔-Writing or digital recording, etc.
Appropriation - ANSWER ✔✔-Using someone's name or likeness
Negligence - ANSWER ✔✔-Failure to exercise due care
Ordinary Negligence - ANSWER ✔✔-Failure to use ordinary care
Gross Negligence - ANSWER ✔✔-Failure to exercise slight care
Res Ipsa Loquitur - ANSWER ✔✔-Defendant had exclusive control of property, not plaintiff's fault
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