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Business Law Exam 1
Torts
| Question | Answer |
|---|---|
| ____ is a civil wrong that interferes with one’s property or person | Tort |
| A _____ is a wrong that arises from a violation of a public duty, and a tort is a wrong that arises from the violation of a private duty. | Crime |
| A ____ is a wrong that arises from the violation of a private duty. | Tort |
| What are the 3 types of Torts | Intentional Torts, Negligence Torts, and Strict Liability |
| ____ torts are when wrongdoers engage in intentional conduct | Intentional Torts |
| ____ torts is the failure to exercise due care. | Negligence Torts |
| _____ torts is an absolute liability due to inherent danger of the activity, regardless of intent. | Strict Liability |
| How many Intentional Torts are there? | 3 |
| True or False: The same act can be a crime and a tort | True |
| Assault, Battery, and False Imprisonment fall under _____ torts. | Intentional Torts |
| ______ is the outrageous conduct which produces mental anguish to the harmed individual | Intentional Infliction of Emotional Distress |
| Defamation is a ____ tort | Intentional tort |
| Public Dislosure | |
| Private Facts | |
| ____ is also known as Intrusion into the Plaintiff’s Private Affairs | Intrusion to seclusion |
| Intrusion into the Plaintiff’s Private Affairs | |
| Appropriation of Another’s Name, Likeness, or Image for Commercial Advantage is considered ______ | Invasion of Privacy |
| Commercial advantage | |
| What is an example of Commercial advantage? | |
| ____ is | Waver in doing so |
| Intrusion into the Plaintiff’s Private Affairs are considered an ____ | Invasion of Privacy |
| Public Disclosure of Private Facts are considered an ____ | Invasion of Privacy |
| Intentional Infliction of Emotional Distress is a ____ tort | Intentional tort |
| Invasion of Privacy is a ____ tort | Intentional tort |
| Product Disparagement is a ____ tort | Intentional tort |
| Wrongful Interference with Contracts is a ____ tort | Intentional tort |
| Trespass is a ____ tort | Intentional tort |
| Public Disclosure of Private Facts are an _____ | Invasion of Privacy |
| ____ is | Defamation |
| Slander, Libel, Online issues, Defenses are all considered ____ | Defamation |
| Slander | |
| Libel | |
| Online issues | |
| Defenses | |
| Product Disparagement | |
| Wrongful Interference with Contracts | |
| Trespass | |
| the easiest way to defend against negligence is to_____ | diprove any evidance of Duty to Exercise Reasonable Care, Breach of Duty, Causation, and Damages |
| Duty to Exercise Reasonable Care | |
| Breach of Duty | |
| Causation | |
| Damages | |
| 4 Defenses to Negligence | Contributory Negligence, Comparative Negligence, Assumption of the Risk, Immunity |
| _____ and ____ are the 2 types of Assumption of the Risk | Express assumption and Implied assumption |
| Assumption of the Risk | |
| Express assumption | |
| Implied assumption | |
| Immunity | |
| ____ are usually immune from liability. | Governments |
| Neglegans and its 4 elements (Duty to Exercise Reasonable Care, Breach of Duty, Causation, Damages) are ______ | a framework for all negligence based claim |
| OORP | Duty to Exercise Reasonable Care |
| Business IT | |
| Breach of Duty | |
| . | |
| Causation | |
| . | |
| Damages | |
| . | |
| 1st tier of negligence | |
| 2nd tier of negligence | |
| 3rd tier of negligence | |
| Contributory Negligence | |
| Comparative Negligence | |
| Comparative Negligence | |
| _____ Absolute standard imposed by law in situations requiring extreme protection | Strict Liability |
| Few if any ______ defenses apply, and the company or person causing damages will be liable | Strict Liability |
| _____ can occur in different situations but most common in product liability | Imposing Strict Liability |
| Settlement | |
| mandatory arbitration |