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Business Law Exam 3
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Business Law Exam 3
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25 Questions

1. Defenses to assault and battery (4)

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

3. agent has duty to follow all laws

4. portion of income (whether paycheck or self employed) goes to F.I.C.A. (federal insurance contributions act)

5. Duty to warn invitees of foreseeable risks (knew or should have known), Duty to discover and remove hidden dangers that might injure invitees. Exception: obvious risks

6. Employers do not have control over details of Independent contractors work performance. Agency may, may not be involved depending on facts

7. Intentional interference with another's use or enjoyment of personal property without consent or privilege

8. termination may give rise to wrongful discharge claims

9. Generally, each of us has the right to sue when we have been legally injured. Torts are related to _________ include: malicious prosecution, and abuse of process

10. apparent authority consent

11. consensual, require no consideration, require principal (not agent) to have contractual capacity, can be created for any legal purpose

12. Davis-bacon act

13. Law requires individuals to act reasonably, this is not required unless there is a special relationship of trust. however, if rescue is attempted the law requires due care and follow through

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

15. 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

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

17. use of another's name, likeness or other identifying characteristic for commercial purposes without the owner's consent. issues: degree of likeness, right of publicity as a property right

18. ________ is one in which the reasonable person would anticipate guard against

19. Manufacturers cannot be found liable, no privity of contract, liability can be based on: negligence, misrepresentation, strict liability, warranty theory

20. Computes liability of plaintiff and defendant and apportions damages. 'pure' states allow recover even if his liability is greater than that of the defendant

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

22. exempts gov't, security, and controlled substance firms

23. serious injuries/military duty can take up to ____ weeks.

24. employee evaluation

25. plaintiff recovers only if liability is less than 50%

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