ACCT 2700 Exam 2 Question and answers
already passed
what is a tort? - correct answers A civil wrong (not crime) for which the law
provides a remedy, ex: Bubba shoots Leroy
what is vicarious liability? - correct answers makes an employer liable for the
torts of the employee; the greatest tort risk to business today. If the employee
commits either an intentional tort or unintentional tort in the scope of their
employment, the employer is liable.
basic idea of tort law - correct answers to compensate a person injured by
another person for the injuries incurred. ("Make the victim whole.")
what are the different types of damages in torte law? - correct answers
compensatory
consequential or special
general
punitive
compensatory damage - correct answers intended to compensate, actual or
"out of pocket"
consequential or special damages - correct answers nonmonetary and cannot
be replaced with money
general damages - correct answers anything that doesn't fall into
compensatory or consequential
,punitive damages - correct answers intended to punish (gulf oil spill with BP)
why are damages imperfect? - correct answers if someone lost an arm,
something's are irreplaceable
what is the difference between assault and battery? - correct answers assault
is the intent to harm or threaten another person; battery is the action of
injuring or harming another person
can you have one (assault/battery) without the other? - correct answers yes
in what ways could someone claim false imprisonment? - correct answers -
someone is detained without probable cause
- detained for unreasonable amount of time
- detained in an unreasonable manner
- you do have to have all 3; one is sufficient
what is fraud or fraudulent misrepresentation? - correct answers the intention
to deceive
what is defamation? - correct answers hurting a persons good reputation,
must be a statement of fact
what are the 2 types of defamation? - correct answers slander and libel
slander - correct answers word of mouth defamation
libel - correct answers written defamation
, what is the difference between the torte of trespass of land and the crime? -
correct answers crime is illegally being on another persons property; torte is
the same but also causes damages, property owner is liable for any damages
on property
what is conversion? - correct answers temporary repossession of another
persons property; theft is permanent
what is the most important legal subject in relation to tortes? - correct answers
negligence
what does foreseeable mean? - correct answers is the action going to occur
without interaction from another person
what are the elements of negligence? - correct answers duty
breach
causation
damages
duty - correct answers defendant owed plaintiff a duty of care
breach - correct answers defendant breached that duty
causation - correct answers defendant's breach caused the injury
damages - correct answers plaintiff suffered legal injury
already passed
what is a tort? - correct answers A civil wrong (not crime) for which the law
provides a remedy, ex: Bubba shoots Leroy
what is vicarious liability? - correct answers makes an employer liable for the
torts of the employee; the greatest tort risk to business today. If the employee
commits either an intentional tort or unintentional tort in the scope of their
employment, the employer is liable.
basic idea of tort law - correct answers to compensate a person injured by
another person for the injuries incurred. ("Make the victim whole.")
what are the different types of damages in torte law? - correct answers
compensatory
consequential or special
general
punitive
compensatory damage - correct answers intended to compensate, actual or
"out of pocket"
consequential or special damages - correct answers nonmonetary and cannot
be replaced with money
general damages - correct answers anything that doesn't fall into
compensatory or consequential
,punitive damages - correct answers intended to punish (gulf oil spill with BP)
why are damages imperfect? - correct answers if someone lost an arm,
something's are irreplaceable
what is the difference between assault and battery? - correct answers assault
is the intent to harm or threaten another person; battery is the action of
injuring or harming another person
can you have one (assault/battery) without the other? - correct answers yes
in what ways could someone claim false imprisonment? - correct answers -
someone is detained without probable cause
- detained for unreasonable amount of time
- detained in an unreasonable manner
- you do have to have all 3; one is sufficient
what is fraud or fraudulent misrepresentation? - correct answers the intention
to deceive
what is defamation? - correct answers hurting a persons good reputation,
must be a statement of fact
what are the 2 types of defamation? - correct answers slander and libel
slander - correct answers word of mouth defamation
libel - correct answers written defamation
, what is the difference between the torte of trespass of land and the crime? -
correct answers crime is illegally being on another persons property; torte is
the same but also causes damages, property owner is liable for any damages
on property
what is conversion? - correct answers temporary repossession of another
persons property; theft is permanent
what is the most important legal subject in relation to tortes? - correct answers
negligence
what does foreseeable mean? - correct answers is the action going to occur
without interaction from another person
what are the elements of negligence? - correct answers duty
breach
causation
damages
duty - correct answers defendant owed plaintiff a duty of care
breach - correct answers defendant breached that duty
causation - correct answers defendant's breach caused the injury
damages - correct answers plaintiff suffered legal injury
