Liability, Business Agreements, and Managing Risk MCQ
about the relationship, (3) the defendant ________ interfered with that relationship, and (4) the interference caused injury to the relationship between the plaintiff and the third party.
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Correct Answer:
Maliciously
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A tort civil did not wrong that causes harm to another.?
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Correct Answer:
True
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Single Publication Theory is States that the alleged defamatory statement was communicated once—when it was published in the newspaper.(is it true or not)
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Correct Answer:
True
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________Part of the CDA protects providers and users of interactive computer services from liability for what others say and do online.?
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Correct Answer:
Section 230
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Respondeat Superior is a theory that states an employer is liable for the negligence of its employees if the employee was not acting within the scope of her employment at the time of the injury?.
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Correct Answer:
False
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__________Damages, in addition to compensation for the injury, that are intended to punish the defendant for reprehensible conduct and deter others from engaging in the same type of conduct.?
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Correct Answer:
Punitive
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Publication is a?
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Correct Answer:
In libel, print communication.
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Public Disclosure of _________Facts are Revealing truthful information that the public has no legitimate need to know.?
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Correct Answer:
Embarrassing
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Product Liability is a businesses that manufacture and sell products are responsible for injuries caused by their products if the product has (1) negligent design, (2) negligent manufacturing, or (3)_________.?
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Correct Answer:
Negligent Failure to Warn
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__________is a contract, or a clause in a larger contract, that prohibits one or both parties from speaking about certain things typically under the threat of financial penalty?
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Correct Answer:
Nondisclosure agreement (NDA)
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Which is a type of product liability; something happened during the manufacturing of the product, such as a failure to inspect, that caused a dangerous product to leave the manufacturing facility.?
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Correct Answer:
Negligent Manufacturing
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A type of product liability; the business did not warn consumers of the reasonable dangers associated with the normal use, and even foreseeable misuse, of the product is known as ?
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Correct Answer:
Negligent Failure to Warn
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A type of product liability; the product was designed poorly so that it was unreasonably risky is known as ?
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Correct Answer:
Negligent Design
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Careless conduct and accidents that cause injury to another person or to property. Elements of negligence include (1) duty of due care, (2) breach of duty, (3)________, (4) foreseeable harm, and (5) injury.is known as negligance ?
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Correct Answer:
Factual cause
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Limitation of Liability Clause is a section of a contract that limits the amount of exposure a company faces in the event of a lawsuit.?
Answer
Correct Answer:
True
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An element of a contract; the contract must be compliant with the law of the land and public policy is known as ?
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Correct Answer:
Legal Purpose
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Intrusion into Seclusion does not Occurs when one intrudes into another’s private affairs and that intrusion would be low offensive to a reasonable person.?
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Correct Answer:
False
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Intentional Tort is benefit caused by deliberate conduct.?
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Correct Answer:
False
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An element of negligence; a _______injury or measurable loss is known as Injury ?
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Correct Answer:
Physical
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_______is a section of a contract that states that the parties agree that any litigation will be resolved in a specific state (forum).?
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Correct Answer:
Forum Selection Clause
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An element of negligence; it was foreseeable that the defendant’s conduct could cause this type of harm is known as?
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Correct Answer:
Foreseeable Harm
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Factual Cause is an element of conscientiousness; the defendant’s conduct caused the plaintiff’s injury?
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Correct Answer:
False
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Duty of Due Care an element of conscientiousness; a level of responsibility to act as a reasonable person with care in a circumstance?
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Correct Answer:
False
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Intentional tort; defamatory statement that is true, communicated to someone other than the plaintiff, and causes injury.
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Correct Answer:
False
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A contract is promise that the law will enforce.?
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Correct Answer:
True
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_________ an element of a contract; bargaining that leads to an exchange.?
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Correct Answer:
Considration
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_______ Damages Money awarded to the plaintiff, or injured person, that is intended to restore them to the position they were in before the injury.?
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Correct Answer:
Compensatory
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A choice of law clause in a contract where the parties agree what state’s law will apply to the_______?
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Correct Answer:
Agreement
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________is an element of a contract; one’s authority under law to engage in certain actions or undertakings.?
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Correct Answer:
Capacity
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An element of _______the defendant failed to act as a reasonable person with care in a circumstance is known as breach of duty ?
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Correct Answer:
Negligence
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Of a contract; when a party to a contract does not fulfill one or more of its promises is known as?
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Correct Answer:
Breach
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_______of Name or Likeness Also known as the right of publicity; occurs when someone uses another’s name or likeness without their permission for personal benefit.?
Answer
Correct Answer:
Appropriation
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Agrement is an element of a contract; includes making a definite offer and that offer was rejected.?
Answer
Correct Answer:
False
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Must prove if a public official or personality is suing for defamation; the defendant published a statement that was either (1) false and published it anyway or (2) acted with a reckless disregard for the truth is known as?
Answer
Correct Answer:
Actual Malice
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