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Business Law Exam 3
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Business Law Exam 3
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25 Questions

1. Lapse of time, purpose achieved, occurrence of a specific event, mutual agreement, termination by one party, notice of termination

2. Higher duty of care based on special education, skill or intelligence, breach of duty is called professional malpractice

3. Defenses to assault and battery (4)

4. limits the amount of damages (punitive or actual damages)

5. contract theory, tort theory, public policy

6. Davis-bacon act

7. General damages are presumed; plaintiff does not have to show actual injury, general damages include compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress

8. Express concent

9. termination may give rise to wrongful discharge claims

10. agent has duty to follow all laws

11. most common and most important legal relationship. Crucial to understanding the legal environment of business. 'fiduciary' relationship based on trust and confidence

12. misrepresentation of material fact, intent to induce another to rely, justifiable reliance by innocent party, damages result of reliance, casual connection. Fact vs. opinion

13. employer must continue worker's health care on same terms. Worker must be restored to position upon return to work (unless it's a key employee)

14. Employees are agents, employment law applies to employers-employees

15. Once agency is terminated, agent has no actual authority, but may have apparent authority to

16. occurs when a person, without permission, physically enters onto, above or below the surface of another's land or causes anything to enter onto the land or remains, or permits anything to remain, on the land

17. a civil injury designed to provide a remedy (damages) for injury to a protected interest

18. Did the injury occur because of the defendants, or would the injury have occurred anyway? 'but for' test

19. Necessaries, emergencies

20. is there an implied employment agreement? what about oral promises from employer?

21. _____ is liable for agent's acts when agent has either actual or apparent authority

22. Worker adjustment and retraining notification act: employ 100 or more workers

23. Negligence per se overs when defendant violates a statute designed to protect plaintiff. Statute sets out standard of care, plaintiff is a member of class intended to be protected by statute, statute designed to prevent plaintiff's injury

24. ____ day notice before a mass layoff during 30 day period, which results in workforce loss of: at least 33% of fifty full time employees at a single job site or at lease 500 full time employees

25. Opinions are protected speech under the First Amendment, and not actionable

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