BUSI 2371 Ch. 12 Quiz

Doug obtains permission to be on Nathan’s land for one day to hold a four-wheeling event. Doug’s truck breaks down, and instead of removing it, he leaves it on Nathan’s property for several days after the event. Doug has most likely committed
trespass to land
Ted is running down the sidewalk at a high rate a speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except:
damages
The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson’s clients immediately stop training with Hanson. Bob is most likely to have committed
wrongful interference with a business relationship
Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidentally hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute
negligence per se
Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for
infliction of emotional distress
The state of Texas has placed caps on noneconomic damages in medical malpractice causes of action. This type of limitation on damages is
an example of tort reform
Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship
1. a valid, enforceable contract must exist between two parties
2. a third party must know that this contract exists
3. this third party must intentionally induce a party to the contract to breach the contract
In our freely competitive economy, businesses have no limits on how they can attract customers.
False
Competing via aggressive marketing and advertising strategies is_______ interference with a business relationship.
usually permissible
Trespass to land has nothing to do with obtaining permission for use of that land.
False
Trespass to land requires that a person_____ on the land.
remains
6. For trespass to land occur you have to______ onto, above, or below the land surface owned by another.
enter
7. A real property owner must______ that a person is a trespasser.
establish
8. A guest in your home is typically_____ a trespasser.
not
You are given permission to use Alvie’s land for a one-day four-wheeled drive event. Your own truck breaks down during the event so you leave it on Alvie’s property. Most likely you have committed
trespass to land
When you borrow a friend’s tablet device and refuse to give it back, you have committed trespass to land.
false
Which of the following acts normally do NOT constitute a conversion?
Temporarily borrowing a friend’s textbook and then returning it.
Disparagement of Property
Occurs when economically injurious falsehoods are made about another’s product or property.
Slander of Title
Publishing false information about another’s legal ownership of property that results in financial loss to the property’s owner.
The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeaser does NOT wish to bring about the consequence of the act, nor does she or he believe that they will occur.
true
Elements required to succeed in a negligence action in the order in which they are normally considered.
Duty –> Breach –> Causation –> Damages
Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?
No, because stoves get hot and some people get burned when they are careless.
The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.
false
Those who enter retail premises are called business______ .
invitees
Storeowners must warn business invitees of _______ risks.
foreseeable
A landowner has a duty to discover and remove any_____ dangers to customers or other invitees.
hidden
When risks are so_____, owners need not warn of them.
obvious
An attorney’s conduct is judged by the reasonable person standard.
false
Which of the following questions does a court ask to determine whether the requirement of causation is met?
1. Is there a causation in fact?
2. Was the act the proximate, or legal, cause of the injury?
You accidentally bump into someone on the sidewalk and that person falls, but is unharmed. Nonetheless, that person usually can successfully sue you for damages?
false
________ may occur if an individual violates a statute providing for a criminal penalty if that violation causes another to be harmed.
Negligence per se
_________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations.
Good Samaritan
______ -shop acts imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.
Dram
Assumption of risk requires
1. Knowledge of the risk
2. Voluntary assumption of the risk
An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.
true
Contributory Negligence
A theory in tort law in which a complaining party’s own negligence contributed to or caused his or her injuries.
Comparative Negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person’s proportionate negligence.
Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of
assumption of the risk
John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John’s illness is outside of Dr. Smith’s area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, he can defend himself under
Good Samaritan statutes