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LEB 320F Unit 4 Exam Questions and Answers 100% Solved
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LEB 320F Unit 4 Exam Questions and Answers 100% Solved What are the major purposes of contract law? - spell out rights and duties related to private agreements between individuals, and to compensate a wronged party for any breaches of contract What are the major purposes of criminal law? - Def...

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  • December 14, 2024
  • 18
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • leb 320f

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  • LEB 320F
  • LEB 320F

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LEB 320F Unit 4 Exam Questions and

Answers 100% Solved


What are the major purposes of contract law? - ✔✔spell out rights and

duties related to private agreements between individuals, and to

compensate a wronged party for any breaches of contract

What are the major purposes of criminal law? - ✔✔Define wrongs against

the state—types of conduct so inherently undesirable that they were flatly

prohibited-and to permit the state to punish those who committed such acts

by the imposition of fines or imprisonment

What is tort law? - ✔✔any law that is not contract or criminal.

How does a plaintiff prove a tort action? - ✔✔must prove interest and duty.

What is interest in tort law? - ✔✔Plaintiff has an interest the law must

protect

What is duty in tort law? - ✔✔the defendant must have had a duty to the

plaintiff that was breached.




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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

,What are some examples of torts? - ✔✔Negligence, intentional tort (assault

and battery), Defamation (libel and slander), fraud, invasion of privacy,

trespass, false imprisonment, etc.

What are the basic elements of negligence? - ✔✔defendant owed a duty of

due care and breached that duty, the breach caused injury, and the injury

actually occurred

When do we have a duty of due care? - ✔✔When we can reasonable

foresee someone might be injured by our carelessness, when the conduct

caused the injury, when there is some moral blame attached to the

conduct, and when it is not overly difficult to insure that the injury would not

occur

Otis Engineering Corp. v. Clark - premise - ✔✔Matheson, employee of

Otis, was drunk on the job. His boss asked him to leave and escorted him

to the parking lot. Matheson drove home and got into a wreck, killing the

wives of Larry and Clifford Clark. The Clarks sued for wrongful death, but

were dismissed because Matheson wasn't acing within the scope of his job.

Court of appeals reversed.

Otis Engineering Corp. v. Clark - arguments and outtcome - ✔✔Generally,

one person is under no duty to control the conduct of another even if he


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, has the practical ability to do so. Yet, certain relationships do impose, as a

matter of law, certain duties upon parties. When, because of an employee's

incapacity, an employer exercises control over the employee, the employer

has a duty to take such action to prevent the employee from causing an

unreasonable risk of harm to others. Remanded.

Who does a landowner owe a duty to? - ✔✔trespasser (must not commit

intentional torts against them), licensee ( such as a door to door salesman-

may sue for hidden dangers they should have been warned about), invitee

(someone who is invited by the owner- may sue for negligence)

When is a landowner held liable for a breach of duty? Is this held strictly? -

✔✔When the defendant fails to exercise the same care as a "reasonable

person under similar circumstances" would have exercised. Fairly strict

because of a jury's tendency, confronted with a seriously injured plaintiff, to

use 20-20 hindsight.

Conduct of Others with regard to breaches of duty - ✔✔In some cases

citizens should anticipate the actions of others (ex a motel in a high crime

area must provide adequate security measures)

Negligence Per Se - ✔✔An act that is considered negligent because it

violates a law (ex. Speed limit, not selling liquor to drunk people). If the


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©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.

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