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BUL 3310 Exam 2 Review Questions With All Verified Solutions.

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A person who uses a logo in an advertisement that is deceptively similar to that of another business commits the tort of false light. True False - Answer False What is the primary purpose of tort law? Punish wrongdoers Compensate victims for their losses Support society by fin...

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  • September 26, 2024
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  • BUL 3310
  • BUL 3310
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COCOSOLUTIONS
BUL 3310 Exam 2 Review Questions
With All Verified Solutions.
A person who uses a logo in an advertisement that is deceptively similar to that of another business
commits the tort of false light.

True

False - Answer False



What is the primary purpose of tort law?



Punish wrongdoers



Compensate victims for their losses



Support society by fining wrongdoers



Create precedents in the common law - Answer Compensate victims for their losses



The publication requirement for libel is met if the falsehood is communicated to just one other person.

True

False - Answer True



In most states, children under the age of __________cannot be held liable for negligence.



7



14

,16



18 - Answer 7



Assume that Big Drug Company BDC was one of ten drug manufactures who produced and sold in the
Cleveland area a drug that was found to cause cancer in women whose mothers had taken the drug
while pregnant. Plaintiff cannot find out if the pills her mother took were actually manufactured by BDC,
but she does know that BDC controlled 40 percent of the market for that drug in the Cleveland area
when her mother was taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able
to collect 40,000 from BDC if her state follows the doctrine of ________________.



Res ipsa loquitur



Negligence per se



Market share liability



All of the above are necessary to collect from BDC in these circumstances. - Answer Market share
liability



Tom took Ann's 125 Economics text from her locker without her knowledge and sold it back to the
college bookstore, keeping the profits. Tom has committed the tort of



Trespass to chattel



Conversion



Embezzlement



Nuisance - Answer Conversion

,In joint and several liability one party is potentially liable to pay the entire amount of the judgment.

True

False - Answer True



Injunctions are often sought as remedies in torts of



Nuisance



Wrongful appropriation of another's good will



False imprisonment



A and B - Answer A and B



An action for mental distress normally requires the plaintiff to exhibit some physical symptoms of
emotional suffering.

True

False - Answer True



What is the difference between libel and slander?



Libel is a written communication, and slander is an oral communication.



Libel is also a felony, but slander is not.



Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.



Businesses can only sue for defamation based on libel, not slander. - Answer Libel is a written
communication, and slander is an oral communication.

, Which of the following injuries would justify plaintiff using res ipsa loquitur?



A medical malpractice claim against a surgeon who left a sponge in a patient



An automobile accident at a city intersection



A head injury sustained in the pool of a waterslide at an amusement park



Res ipsa loquitur could be used in all of the above. - Answer A medical malpractice claim against a
surgeon who left a sponge in a patient



Absent a special relationship, one person has no legal duty to warn or rescue another.

True

False - Answer True



Assumption of the risk is an element of negligence that must be proved by the plaintiff.

True

False - Answer False



Whether or not a doctor acted negligently is a question of fact for a jury to decide.

True

False - Answer True



Dr. Dan accidentally left a scalpel in Paul Patient during Paul's operation, causing Paul much pain and
necessitating additional surgery. Paul's lawyer will most likely use the special doctrine of
____________when he sues Dr. Dan for negligence.



Negligence per se

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