Question 1

Rita owns an art business called Rita's Art Works. Rita receives a commission to paint a mural on the side of a building downtown. Three of Rita's employees are painting the mural on the building when the scaffold they erected to do the project falls and injures a passerby. Later it was found that the passerby was drunk and accidentally stumbled into the scaffolding causing it to fall. If the passer by sues Rita for negligence, she can avoid liability by using the defense of:

Accepted Answer

The defense of contributory negligence is appropriate for a defendant to use when the plaintiff suing for negligence performed a negligent act him- or herself, in addition to the negligence of the tortfeasor.

Question 2

Which of the following torts is often committed in conjunction with trademark infringement?

Accepted Answer

If a seller sells products as one brand, when it is actually another, generally inferior, brand, it is known as palming off. This tort is often committed in conjunction with trademark infringement, but need not be.

Question 3

In order for negligence liability to attach to the tortfeasor, plaintiffs must prove all of the following requirements EXCEPT:

Accepted Answer

In order for negligence liability to attach to the tortfeasor, plaintiffs must prove four requirements: duty, breach of duty, actual and proximate cause, and damages.

Question 4

Which of the following statements is true regarding palming off?

Accepted Answer

If a seller sells products as one brand, when it is actually another, generally inferior, brand, it is known as palming off. This tort is often committed in conjunction with trademark infringement, but need not be.

Question 5

_____ is also known as injurious falsehood.

Accepted Answer

Disparagement, also known as injurious falsehood, is intentionally making false statements about the quality or ownership of someone's goods. It can be thought of as a sort of defamation against a business rather than an individual.

Question 6

Which of the following statements is true regarding the warranty of merchantability?

Accepted Answer

When an individual sells a good to a buyer, aside from any express warranties (warranties are absolute promises) that the seller explicitly makes to the buyer, the sale also carries implied warranties. The warranty of merchantability is one of the implied warranties. It indicates that the goods will be of at least average quality for such goods.

Question 7

If an employee leaves a business and takes information which he then uses for his own purposes, financial gain, or economic advantage, it is most likely to be an example of:

Accepted Answer

If a business owner has a particular way of doing things that makes the business unique or special, including recipes, client lists, formulas, business contacts, and so on and actively works to keep that information secret, the owner can sue someone who steals that information and uses it or sells it to someone else. This represents theft of trade secrets.

Question 8

The _____ Act allows recovery for harm that arises if the goods do not perform as warranted.

Accepted Answer

The Magnuson-Moss Warranty Act allows recovery for harm that arises if the goods do not perform as warranted.

Question 9

Which of the following best represents a legal mechanism used to allow legal responsibility only for consequences of our actions if the consequences were foreseeable?

Accepted Answer

Proximate cause is a legal mechanism used to allow legal responsibility only for consequences of our actions if the consequences were foreseeable. Proximate cause is the means by which the law will cut off the liability for which a tortfeasor will be responsible when the liability becomes too remote and thus unforseeable.

Question 10

Which of the following is an example of an intentional tort against business?

Accepted Answer

Defamation, battery, and assault are examples of intentional torts against a person and not against a business. Passing off is an example of an intentional tort against a business.

Question 11

If a seller sells products as one brand, when it is actually another, generally inferior, brand it is known as _____.

Accepted Answer

If a seller sells products as one brand, when it is actually another, generally inferior, brand, it is known as palming off.

Question 12

Palming off is sometimes known as _____.

Accepted Answer

Palming off is sometimes known as passing off.

Question 13

An Illinois man sues Kraft Foods Inc. claiming he found a rodent tooth in a package of Planters peanuts. This event is based on claims of _____.

Accepted Answer

An Illinois man sues Kraft Foods Inc. claiming he found a rodent tooth in a package of Planters peanuts. This event is based on claims of negligence.

Question 14

Which of the following is one of the defenses to intentional tort?

Accepted Answer

With intentional torts there is no liability if the tortfeasor can show that: there was no intent to do the act which resulted in the harm, the victim gave consent to the activity, the tort was committed in defense of self or others.

Question 15

What is a tort?

Accepted Answer

The answer of What is a tort?...

Question 16

When a tortfeasor fails to meet a standard of reasonable care appropriate for the circumstances and another is forseeably subjected to an unreasonable risk of harm and is injured as a result, the tortfeasor can be sued by the injured party for _____.

Accepted Answer

When a tortfeasor fails to meet a standard of reasonable care appropriate for the circumstances and another is forseeably subjected to an unreasonable risk of harm and is injured as a result, the tortfeasor can be sued by the injured party for negligence. Generally, the standard for judging the behavior of the tortfeasor is one of a reasonable person under the particular circumstances.

Question 17

Which of the following is one of the defenses to negligence?

Accepted Answer

it is possible for a tortfeasor to defend against a negligence suit by showing that the plaintiff either voluntarily assumed the risk or contributed to the injury by doing a negligent act him- or herself.

Question 18

If both plaintiff and defendant are negligent, the _____ theory allots each of the parties his or her proportionate share of the negligence and deducts from the total plaintiff would have received, the value of plaintiff's negligence.

Accepted Answer

If both plaintiff and defendant are negligent, the comparative negligence theory allots each of the parties his or her proportionate share of the negligence and deducts from the total plaintiff would have received, the value of plaintiff's negligence.

Question 19

Strict liability is responsibility imposed on tortfeasors for:

Accepted Answer

Strict liability is responsibility imposed on tortfeasors for engaging in activity deemed by statute to be so dangerous until the tortfeasors must take responsibility for all harm that arises therefrom, even if the tortfeasor was as careful as possible.

Question 20

Which of the following intentional torts against business can be thought of as a sort of defamation against a business rather than an individual?

Accepted Answer