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LEB 320F Unit 4 Quiz Questions and Correct Answer
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LEB 320F Unit 4 Quiz Questions and Correct Answer
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ELSCORES: Tuesday, 20 August 2024LEB 320F Unit 4 Quiz Questions and
Correct Answer
If someone does not become aware of an injury caused via the negligence of another for
more than two years after the negligent act of another, their claim is not waived under the
statute of limitations in most states.
✓ :- True; Most states embrace a doctrine of tolling statute of limitations until the
person becomes aware of their injury, within certain limitations.
Under the Lanham Act, a deceived consumer is generally the one to bring a suit against the
corporation.
✓ :- False; It is generally competitors who, while redressing their own injuries, seek
under the Lanham Act to end false advertising that also injures consumers.
In order to prove a claim of negligence, the plaintiff must establish: (1) that the defendant
owed the plaintiff a duty of care, (2) that the defendant breached that duty of due care, (3)
that the defendant's breach proximately caused the injury, and (4) that the plaintiff suffered
injury.
✓ :- True
A seller generally doesn't owe a different level of duty to a stranger than they do to a close
friend.
✓ :- False; Due to the level of trust and confidence between a seller and their close
friend, they may be required to speak up. Failure to disclose, therefore, is more
likely to constitute fraud if the plaintiff is a friend, a relative or a partner than if
the plaintiff is a stranger.
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, ELSCORES: Tuesday, 20 August 2024
Negligence per se can be applied when a court finds an act negligent because an individual
has violated a statute.
✓ :- True; Negligence per se is a doctrine that states that someone is necessarily
negligent if they broke a certain statute, such as a speed limit, and then an accident
occurred, such as a wreck. In situations such as these, the court will assume the
defendant was acting negligently simply because they broke a law which was intended
to prevent such accidents. To prevail, plaintiffs must still establish that the
defendant owed a duty of care and that plaintiffs suffered injuries proximately
caused by the breach of duty.
The primary difference between assault and battery is that assaults only involve apprehension
while batteries are intrusions of the body.
✓ :- True; Although modern courts and statutes frequently use the two terms
interchangeably, technically a battery is a rude, inordinate contract with the person
of another. An assault, basically, is any act that creates an apprehension of an
imminent battery.
A contract with a third party must exist in order to establish a claim for intentional
interference with business relationships.
✓ :- True; Although the existence of a binding contract subject to interference is one
of the elements of intentional interference with business relationships, the tort can
be claimed to exist if (a) a reasonable probability that the parties would have
entered into a contractual relationship; (b) an intentional and malicious act by
defendant that prevented the relationship from occurring, with the purpose of
harming the plaintiff; (c) defendant lacked privilege or justification to do the act;
and (d) actual damage or loss occurred.
A valid intentional tort case can arise from a bad odor.
✓ :- True; Nuisance protects enjoyment of property. When a smell lingers over a
property so much so that the enjoyment of the property is lessened, an individual
can sue, usually for an injunction. Would you want a pig farm to move in next door?
Plaintiffs are able to recover punitive damages from negligence claims.
DO NOT COPY AND PASTE!!
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