LEB 320F Unit 4 Exam Questions and
Answers 100% Solved
What are the major purposes of contract law? - ✔✔spell out rights and
duties related to private agreements between individuals, and to
compensate a wronged party for any breaches of contract
What are the major purposes of criminal law? - ✔✔Define wrongs against
the state—types of conduct so inherently undesirable that they were flatly
prohibited-and to permit the state to punish those who committed such acts
by the imposition of fines or imprisonment
What is tort law? - ✔✔any law that is not contract or criminal.
How does a plaintiff prove a tort action? - ✔✔must prove interest and duty.
What is interest in tort law? - ✔✔Plaintiff has an interest the law must
protect
What is duty in tort law? - ✔✔the defendant must have had a duty to the
plaintiff that was breached.
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,What are some examples of torts? - ✔✔Negligence, intentional tort (assault
and battery), Defamation (libel and slander), fraud, invasion of privacy,
trespass, false imprisonment, etc.
What are the basic elements of negligence? - ✔✔defendant owed a duty of
due care and breached that duty, the breach caused injury, and the injury
actually occurred
When do we have a duty of due care? - ✔✔When we can reasonable
foresee someone might be injured by our carelessness, when the conduct
caused the injury, when there is some moral blame attached to the
conduct, and when it is not overly difficult to insure that the injury would not
occur
Otis Engineering Corp. v. Clark - premise - ✔✔Matheson, employee of
Otis, was drunk on the job. His boss asked him to leave and escorted him
to the parking lot. Matheson drove home and got into a wreck, killing the
wives of Larry and Clifford Clark. The Clarks sued for wrongful death, but
were dismissed because Matheson wasn't acing within the scope of his job.
Court of appeals reversed.
Otis Engineering Corp. v. Clark - arguments and outtcome - ✔✔Generally,
one person is under no duty to control the conduct of another even if he
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, has the practical ability to do so. Yet, certain relationships do impose, as a
matter of law, certain duties upon parties. When, because of an employee's
incapacity, an employer exercises control over the employee, the employer
has a duty to take such action to prevent the employee from causing an
unreasonable risk of harm to others. Remanded.
Who does a landowner owe a duty to? - ✔✔trespasser (must not commit
intentional torts against them), licensee ( such as a door to door salesman-
may sue for hidden dangers they should have been warned about), invitee
(someone who is invited by the owner- may sue for negligence)
When is a landowner held liable for a breach of duty? Is this held strictly? -
✔✔When the defendant fails to exercise the same care as a "reasonable
person under similar circumstances" would have exercised. Fairly strict
because of a jury's tendency, confronted with a seriously injured plaintiff, to
use 20-20 hindsight.
Conduct of Others with regard to breaches of duty - ✔✔In some cases
citizens should anticipate the actions of others (ex a motel in a high crime
area must provide adequate security measures)
Negligence Per Se - ✔✔An act that is considered negligent because it
violates a law (ex. Speed limit, not selling liquor to drunk people). If the
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved
What are the major purposes of contract law? - ✔✔spell out rights and
duties related to private agreements between individuals, and to
compensate a wronged party for any breaches of contract
What are the major purposes of criminal law? - ✔✔Define wrongs against
the state—types of conduct so inherently undesirable that they were flatly
prohibited-and to permit the state to punish those who committed such acts
by the imposition of fines or imprisonment
What is tort law? - ✔✔any law that is not contract or criminal.
How does a plaintiff prove a tort action? - ✔✔must prove interest and duty.
What is interest in tort law? - ✔✔Plaintiff has an interest the law must
protect
What is duty in tort law? - ✔✔the defendant must have had a duty to the
plaintiff that was breached.
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,What are some examples of torts? - ✔✔Negligence, intentional tort (assault
and battery), Defamation (libel and slander), fraud, invasion of privacy,
trespass, false imprisonment, etc.
What are the basic elements of negligence? - ✔✔defendant owed a duty of
due care and breached that duty, the breach caused injury, and the injury
actually occurred
When do we have a duty of due care? - ✔✔When we can reasonable
foresee someone might be injured by our carelessness, when the conduct
caused the injury, when there is some moral blame attached to the
conduct, and when it is not overly difficult to insure that the injury would not
occur
Otis Engineering Corp. v. Clark - premise - ✔✔Matheson, employee of
Otis, was drunk on the job. His boss asked him to leave and escorted him
to the parking lot. Matheson drove home and got into a wreck, killing the
wives of Larry and Clifford Clark. The Clarks sued for wrongful death, but
were dismissed because Matheson wasn't acing within the scope of his job.
Court of appeals reversed.
Otis Engineering Corp. v. Clark - arguments and outtcome - ✔✔Generally,
one person is under no duty to control the conduct of another even if he
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, has the practical ability to do so. Yet, certain relationships do impose, as a
matter of law, certain duties upon parties. When, because of an employee's
incapacity, an employer exercises control over the employee, the employer
has a duty to take such action to prevent the employee from causing an
unreasonable risk of harm to others. Remanded.
Who does a landowner owe a duty to? - ✔✔trespasser (must not commit
intentional torts against them), licensee ( such as a door to door salesman-
may sue for hidden dangers they should have been warned about), invitee
(someone who is invited by the owner- may sue for negligence)
When is a landowner held liable for a breach of duty? Is this held strictly? -
✔✔When the defendant fails to exercise the same care as a "reasonable
person under similar circumstances" would have exercised. Fairly strict
because of a jury's tendency, confronted with a seriously injured plaintiff, to
use 20-20 hindsight.
Conduct of Others with regard to breaches of duty - ✔✔In some cases
citizens should anticipate the actions of others (ex a motel in a high crime
area must provide adequate security measures)
Negligence Per Se - ✔✔An act that is considered negligent because it
violates a law (ex. Speed limit, not selling liquor to drunk people). If the
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
