BUL3310 EXAM PREP WITH COMPLETE
SOLUTION
false - =Exemplary damages are also known as compensatory damages.
absolute privilege - =Trial witnesses cannot be sued for defamation because the testimony of
witnesses in trial is protected by
negligence - =Defendant's failure to do what a reasonable and prudent person would do in his
circumstances subjects him to liability for
A and B
a. A person has a loathsome disease
b. A doctor is unfit to practice medicine - =Damages need not be proved in a defamation suit if
the defamatory statement claims that
Respondeat superior - =The doctrine under which employers are liable for torts committed by
employees while they are acting within the scope of their employment is___________.
Disparagement - =Competitor wrongfully claims that one of the ingredients used in the
manufacture of Hungry Dog dog food contains melanine, which is poisonous to animals.
Competitor has committed the tort of____________.
false - =To be liable for trespass to land a person must know that the property belongs to
another.
Compensate victims for their losses - =What is the primary purpose of tort law?
,The tort of invasion of the right to privacy - =Protects individuals from the shame and
humiliation of having private aspects of their lives exposed to the public
true - =Pure comparative negligence is the defense in negligence cases that most favors the
plaintiff.
false - =Assumption of the risk is an element of negligence that must be proved by the plaintiff.
true - =A duty is a legal obligation imposed by law or voluntarily assumed by promise.
false - =Both contributory negligence and comparative negligence can be asserted as defenses
in cases brought in strict liability.
actual cause - =Juries use the "but for" test (i.e. "but for the negligent act of the defendant
would the plaintiff have been injured") to decide if the requirement of __________________is
met.
true - =The 50% Rule is associated with comparative fault systems.
true - =Plaintiff was 10% at fault for a car accident in which he was injured. In a contributory
negligence state, plaintiff would recover nothing from the defendant although the defendant
was 90% at fault.
gross negligence - =If Mike owes a "slight duty of care" for property he is keeping for Doug,
Mike would only be liable for damages to the property caused by
Res ipsa loquitur - =The doctrine that creates a rebuttable presumption that a defendant was
negligent based on the nature and circumstances of the injury is
, false - =The doctrine of res ipsa loquitur applies when a person causes damages while violating
a law or ordinance.
Interference with contractual relations - =Company A has entered into a contract to acquire
Company B. Hearing of this, Company C offers to acquire Company B for more money and to
indemnify the directors of Company B for any damages resulting from its breaching its contract
with Company A. Company A can sue Company C for the tort of
conversion - =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
Would a casual observer or buyer be deceived into buying Coda instead of Coca Cola? - =Coca
Cola wants to sue Coda Cola for trademark infringement. Coda soda cans have the same colors
and ribbon letters as Coca Cola, and the names are very similar. Which of the following is the
test used to determine if Coda's packaging is deceptively similar to Coca Cola's packaging?
false imprisonment - =When a business detains a suspected shoplifter it must be careful not to
commit the tort of
emotional distress - =Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary
from the hospital in which she worked and told Mary that her husband and son had died in a
car accident and their bodies were in the hospital morgue. In anguish, Mary rushed down to the
hospital. Beth had made up the entire story because she wanted to cause Mary pain. Beth has
committed the tort of
Frank has committed conversion. - =Frank bought a diamond ring for his girlfriend from Bill. Bill
told him he had given the ring to his fianc, who returned it when she broke off the engagement.
In fact, Bill had stolen the ring at a party. Frank had no reason to know or suspect that the ring
was stolen. What is Frank's liability in these circumstances?
Interference with a contractual relationship - =Big 60s British Rock Star had a contract to
perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale
Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines
SOLUTION
false - =Exemplary damages are also known as compensatory damages.
absolute privilege - =Trial witnesses cannot be sued for defamation because the testimony of
witnesses in trial is protected by
negligence - =Defendant's failure to do what a reasonable and prudent person would do in his
circumstances subjects him to liability for
A and B
a. A person has a loathsome disease
b. A doctor is unfit to practice medicine - =Damages need not be proved in a defamation suit if
the defamatory statement claims that
Respondeat superior - =The doctrine under which employers are liable for torts committed by
employees while they are acting within the scope of their employment is___________.
Disparagement - =Competitor wrongfully claims that one of the ingredients used in the
manufacture of Hungry Dog dog food contains melanine, which is poisonous to animals.
Competitor has committed the tort of____________.
false - =To be liable for trespass to land a person must know that the property belongs to
another.
Compensate victims for their losses - =What is the primary purpose of tort law?
,The tort of invasion of the right to privacy - =Protects individuals from the shame and
humiliation of having private aspects of their lives exposed to the public
true - =Pure comparative negligence is the defense in negligence cases that most favors the
plaintiff.
false - =Assumption of the risk is an element of negligence that must be proved by the plaintiff.
true - =A duty is a legal obligation imposed by law or voluntarily assumed by promise.
false - =Both contributory negligence and comparative negligence can be asserted as defenses
in cases brought in strict liability.
actual cause - =Juries use the "but for" test (i.e. "but for the negligent act of the defendant
would the plaintiff have been injured") to decide if the requirement of __________________is
met.
true - =The 50% Rule is associated with comparative fault systems.
true - =Plaintiff was 10% at fault for a car accident in which he was injured. In a contributory
negligence state, plaintiff would recover nothing from the defendant although the defendant
was 90% at fault.
gross negligence - =If Mike owes a "slight duty of care" for property he is keeping for Doug,
Mike would only be liable for damages to the property caused by
Res ipsa loquitur - =The doctrine that creates a rebuttable presumption that a defendant was
negligent based on the nature and circumstances of the injury is
, false - =The doctrine of res ipsa loquitur applies when a person causes damages while violating
a law or ordinance.
Interference with contractual relations - =Company A has entered into a contract to acquire
Company B. Hearing of this, Company C offers to acquire Company B for more money and to
indemnify the directors of Company B for any damages resulting from its breaching its contract
with Company A. Company A can sue Company C for the tort of
conversion - =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
Would a casual observer or buyer be deceived into buying Coda instead of Coca Cola? - =Coca
Cola wants to sue Coda Cola for trademark infringement. Coda soda cans have the same colors
and ribbon letters as Coca Cola, and the names are very similar. Which of the following is the
test used to determine if Coda's packaging is deceptively similar to Coca Cola's packaging?
false imprisonment - =When a business detains a suspected shoplifter it must be careful not to
commit the tort of
emotional distress - =Mary and neighbor Beth had a bitter quarrel. Beth, a nurse, called Mary
from the hospital in which she worked and told Mary that her husband and son had died in a
car accident and their bodies were in the hospital morgue. In anguish, Mary rushed down to the
hospital. Beth had made up the entire story because she wanted to cause Mary pain. Beth has
committed the tort of
Frank has committed conversion. - =Frank bought a diamond ring for his girlfriend from Bill. Bill
told him he had given the ring to his fianc, who returned it when she broke off the engagement.
In fact, Bill had stolen the ring at a party. Frank had no reason to know or suspect that the ring
was stolen. What is Frank's liability in these circumstances?
Interference with a contractual relationship - =Big 60s British Rock Star had a contract to
perform at Shady Pines Retirement Home, where many of his fans now lived. Sunnydale
Retirement Village, a business rival, convinced Rock Star to breach his contract with Shady Pines
