Exam Two

Question 1

Assault

Answer 1

(1) The threat of immediate harm or offensive contact
(2) Any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary

Question 2

Battery

Answer 2

Unauthorized and harmful or offensive direct or indirect physical contact with another person

Question 3

False imprisonment

Answer 3

The intentional confinement or restraint of another person without authority or justification and without that person’s consent

Question 4

Tort

Answer 4

A wrong. There are three categories of torts
(1) intentional torts
(2) unintentional torts
(3) strict liability

Question 5

Invasion of the right to privacy

Answer 5

The unwarranted and undesired publicity of a private fact about a person. The fact does not have to be untrue

Question 6

Defamation of character

Answer 6

False statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party

Question 7

Libel

Answer 7

A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on

Question 8

Slander

Answer 8

Oral defamation of character

Question 9

Disparagement

Answer 9

False statements about a competitor’s products, services, property, or business reputation
Also known as trade libel, product disparagement, and slander of title

Question 10

Intentional infliction of emotional distress (tort of outrage)

Answer 10

A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable, for that emotional distress; also known as the tort of outrage

Question 11

Malicious prosecution

Answer 11

A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa

Question 12

Negligence (duty of care)

Answer 12

A duty of corporate directors and officers to use care and diligence when acting on behalf of the corporation

Question 13

Fraud

Answer 13

An intentional tort based on someone’s lies or mispreprensations

Question 14

Tort or appropriation

Answer 14

When a defendant uses a plaintiff’s name, likeness, or image without their permission for commercial purposes

Question 15

Negligence (breach of care)

Answer 15

When a person’s conduct fails to meet an applicable standard of care

Question 16

Negligence (legally recognizable injury)

Answer 16

A plaintiff must prove legally recognizable harm, usually in the form of physical injury to a person or to property

Question 17

Negligence (actual causation)

Answer 17

Where a plaintiff suing for negligence will have to prove that the defendant’s violation of a duty was the actual and proximate cause of his or her injuries

Question 18

Negligence (proximate causation)

Answer 18

Relates to the scope of a defendant’s responsibility in a negligence case

Question 19

Negligence

Answer 19

The failure to do something that a reasonable person would do or doing something that a reasonable person would not do, in like or similar circumstances

Question 20

Professional Malpractice

Answer 20

The liability of a professional who breaches his or her duty of ordinary care

Question 21

Negligence per se

Answer 21

A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care

Question 22

Res ipsa loquitur

Answer 22

A tort in which the presumption of negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered an injury but for someone’s negligence. The burden to the defendant to prove that he or she was not negligent

Question 23

Gross negligence

Answer 23

A finding that a person has engaged in willful misconduct or reckless behavior that caused injury or death to another person

Question 24

Attractive nuisance doctrine

Answer 24

A special tort rule that imposes liability on a landowner or possessor of land to children who have trespassed onto the owner’s or possessor’s real property by an attractive nuisance with the intent to play and are injured or killed while doing so

Question 25

Strict liability

Answer 25

Liability without fault

Question 26

Strict liability (liability without fault)

Answer 26

Liability that is imposed on a party even though he or she has exercised all possible care and has not been at fault for the injuries suffered by the plaintiff

Question 27

Strict liability (chain of distribution)

Answer 27

The chain of manufacturers, distributors, wholesalers, retailers, lessors, subcomponent manufacturers, and others who distribute a defective product

Question 28

Strict liability (privity of contract)

Answer 28

The state of two specific parties being in a contract. Parties to a contract can sue one another for breach of the contract, but third parties (with few exceptions) cannot sue for such breach because they are not parties to the contract

Question 29

Strict liability (punitive damages)

Answer 29

Damages that are awarded to punish the defendant, deter the defendant from similar conduct in the future and set an example for others

Question 30

Strict liability (product defect)

Answer 30

Something wrong, inadequate, or improper in the manufacture, design, packaging, warning, or instructions about a product

Question 31

Strict liability (product liability)

Answer 31

The liability of manufacturers, sellers, and others for the injuries caused by defective products

Question 32

Defense against negligence (superseding, or intervening event)

Answer 32

In tort law, an event for which a defendant is not responsible. The defendant is not liable for injuries caused by the superseding or intervening event

Question 33

Defense against negligence (assumption of the risk)

Answer 33

A defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury

Question 34

Defense against negligence (contributory negligence)

Answer 34

A doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against a negligent defendant

Question 35

Defense against negligence (comparative negligence)

Answer 35

A doctrine under which damages are apportioned according to fault

Question 36

Statute of limitations

Answer 36

A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant

Question 37

Statute of response

Answer 37

A statute that limits the seller’s liability to a certain number of years from the date the product was first sold

Question 38

Caveat Emptor

Answer 38

“Let the buyer beware,” the traditional guideline of sales transactions

Question 39

Express warranty

Answer 39

A warranty that is created when a seller or lessor makes an affirmation that the goods her or she is selling or leasing meet certain standards of quality, description, performance, or condition

Question 40

Implied warranty

Answer 40

A warranty that is not expressly states in the sales or lease contract but instead is implied by the law

Question 41

Four elements of a contract

Answer 41

Agreement, consideration, contractual capacity, legality

Question 42

Objective theory of contracts

Answer 42

A theory that says the intent to contract is judged by the reasonable person standard and not by the subjective intent of the parties

Question 43

Bilateral contract

Answer 43

A contract entered into by way of exchange of promises of the parties; “a promise for a promise”

Question 44

Unilateral contract

Answer 44

A contract in which the offeror’s offer can be accepted only by the performance of an act by the offeree; a “promise for an act”

Question 45

Formal contract

Answer 45

A contract that requires a special form, words, or method of creation

Question 46

Informal contract

Answer 46

A contract that is not formal. Valid informal contracts are fully enforceable and may be sued upon if breached

Question 47

Offer

Answer 47

The manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it

Question 48

Express terms

Answer 48

Terms in offers and contracts that expressly identify the parties, the subject matter of the offer or contract, the consideration to be paid by the parties, and the time of performance, as well as other terms of the offer and contract

Question 49

Implied terms

Answer 49

A missing term that is not expressly stated in an offer or a contract that can reasonably be supplied by the courts if a reasonable term can be implied from other sources

Question 50

Advertisement

Answer 50

An invitation to make an offer, or an actual offer

Question 51

Reward

Answer 51

An award is given for the performance of some service or attainment. To collect a reward, the offeree must (1) have knowledge of the reward offer prior to completing the requested act and (2) perform the requested act

Question 52

Auction

Answer 52

A sale in which a seller of goods offers goods for sale through an auctioneer

Question 53

Termination of an offer by act of the parties

Answer 53

The termination of an offer when one party takes an action that indicates that he is not interested in forming a contract under the terms of the offer, including (1) rejection of an offer by the offeree, (2) counteroffer by the offeree, and (3) revocation of an offer by the offeror

Question 54

Termination of an offer by operation of law

Answer 54

The termination of an offer by the operation of law, including (1) the destruction of the subject matter, (2) the death or incompetency of the offeror or the offeree, (3) supervening illegality, and (4) lapse of time of the offer

Question 55

Option Contract

Answer 55

A contract that is created when an offeree pays an offeror compensation to keep an offer open for an agreed-upon period of time. An option contract prevents the offeror from revoking his or her offer during the option period

Question 56

Acceptance

Answer 56

A manifestation of assent by the offeree to the terms of the offer in a manner invited or required by the offer as measured by the objective theory of contracts; a manifestation of assent required for a gift to be effective

Question 57

Unequivocal acceptance

Answer 57

An offeree’s acceptance of an offer that is clear, unambiguous, an has only one possible meaning

Question 58

Mirror image rule

Answer 58

A rule that states that for an acceptance of a contract to exist, the offeree must accept the terms as stated in the offer

Question 59

Silence as acceptance

Answer 59

SIlence does not constitute acceptance

Question 60

Time of acceptance

Answer 60

The number of calendar days available for awarding a contract from the date specified in this solicitation

Question 61

Consideration

Answer 61

Something of legal value given in exchange for a promise

Question 62

Requirements contract

Answer 62

A contract in which a buyer contracts to purchase all of its requirements for an item from one seller

Question 63

Minors

Answer 63

A person who has not reached the age of majority

Question 64

Mentally incompetent

Answer 64

A situation in which a person is mentally incompetent but a court or administrative agency has not declared that person to be mentally incompetent. Contracts and negotiable instruments entered into by the person are voidable

Question 65

Intoxicated person

Answer 65

A person who is under contractual incapacity because of ingestion of alcohol or drugs to the point of incompetence

Question 66

Disaffirmance

Answer 66

The act of a minor rescinding a contract under the infancy doctrine. Disaffirmance may be accomplished orally, in writing, or by the minor’s conduct

Question 67

Contract to contrary law

Answer 67

A contract to perform activities that are prohibited by law

Question 68

Contract contrary to public policy

Answer 68

A contract to perform activities that have a negative impact on society and welfare. Thus constitutes an illegal contract

Question 69

Gambling Statutes

Answer 69

Statues that make certain forms of gambling illegal

Question 70

Contract in restraint of trade

Answer 70

A contract that unreasonably restrains trade

Question 71

Licensing statute

Answer 71

A statue that requires a person or business to obtain a license from the government prior to engaging in a specified occupation or activity

Question 72

Exculpatory agreement

Answer 72

An agreement relieves one (or both) of the parties to a contact from tort liability for ordinary negligence

Question 73

Covenant not to compete

Answer 73

A contract that provides that a seller of a business, an employee, or another covered party will not engage in a similar business or occupation within a specified geographical area for a specific time following the sale of the business or termination of employment

Question 74

Genuiness of assent

Answer 74

The requirement that a party’s assent to a contract be genuine and not have been obtained by duress, undue influence, or fraud

Question 75

Mistake

Answer 75

A situation that occurs when one or both of the parties to a contract have erroneous beliefs about the subject matter, value, or some other aspect of the contract

Question 76

Unilateral mistake

Answer 76

A mistake in which only one party is mistaken about a material fact regarding the subject matter of a contract

Question 77

Mutual mistake of a material fact

Answer 77

A mistake made by both parties concerning a material fact that is important to the subject matter of a contract

Question 78

Mutual mistake of value

Answer 78

A mistake that occurs if both parties know the object of the contract but are mistaken as to its value

Question 79

Misrepresentation of law

Answer 79

A type of fraud that occurs when one party misrepresents the law to another party. Usually not actionable as fraud unless a professional who knows what the law is intentionally misrepresents the law to a less sophisticated contracting party

Question 80

Innocent misrepenrtation

Answer 80

Fraud that occurs when a person makes a statement of fact that he or she honestly and reasonably believes to be true even though it is not

Question 81

Duress

Answer 81

A situation in which one party threatens to do a wrongful act unless the other party enters into a contract

Question 82

Undue influence

Answer 82

A situation in which one person takes advantage of another person’s mental, emotional, or physical weakness and unduly persuades that person to enter into a contract or make a will; the persuasion by the wrongdoer must overcome the free will of the innocent party

Question 83

Promissory estoppel (equitable estoppel)

Answer 83

An equity doctrine that permits enforcement of oral contracts that should have been in writing. It is applied to avoid injustice

Question 84

Assignment of a right

Answer 84

The transfer of rights under a contract; a transfer by a tenant of his or her rights under a lease to another party

Question 85

Anti-assignment clause

Answer 85

A clause that prohibits the assignments of rights under the contract

Question 86

Delegation of a duty

Answer 86

A transfer of contractual duty by an obliger to another party for performance

Question 87

Third-party beneficiary

Answer 87

A third party who benefits by the performance by others of the others’ contracts

Question 88

Covenant

Answer 88

An unconditional promise to perform

Question 89

Condition

Answer 89

A qualification of a promise that becomes a covenant if it is met

Question 90

Condition precedent

Answer 90

A condition that requires the occurrence of an event before a party is obligated to perform a duty under a contract

Question 91

Condition Subsequent

Answer 91

A condition in which the occurrence or nonoccurrence of a specific event automatically excuses the performance of an existing contractual duty to perform

Question 92

Concurrent conditions

Answer 92

COnditions that exist when the parties to ao contract must render performance simultaneously; each party’s absolute duty to perform is conditioned on the other party’s absolute duty to perform

Question 93

Implied condition

Answer 93

A condition that can be implied from the circumstances surrounding a contract and the parties’ conduct

Question 94

Statute of limitations

Answer 94

A statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant

Question 95

Breach of contract

Answer 95

A contracting party’s failure to perform an absolute duty owed under a contract

Question 96

Complete (strict) performance

Answer 96

A situation in which a party to a contract renders performance exactly as required by the contract. Complete performance discharges that party’s obligations under the contract

Question 97

Substantial performance

Answer 97

Performance by a contracting party that deviates only slightly from complete performance; there is a minor breach

Question 98

Inferior performance

Answer 98

A situation in which a party fails to perform express or implied contractual obligations and impairs or destroys the essence of a contract; there is a material breach

Question 99

Anticipatory breach

Answer 99

A breach that occurs when one contracting party informs the other that he or she will not perform his or her contractual duties when are due