Business Law Chapter 4 Test Notes

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Under common law, ownership of real property extends from the center of the earth to the highest point in the sky.. True or False?

True

Invasion of property is an unintentional tort? (true or false)

False

A wrongful injury to, or interference with, the property of another is?

Trespass

People engaged in extremely dangerous actiities may be held liable even without negligence or malice; this is known as the doctrine of..?

Strict Liability

Negligence defense that might be used by a baseball club sued by spectators?

Assumption of Risks

A tort is a wring against an individual? True or false?

True

Public officials must prove actual malice to succeed in a defamation lawsuit... true or false?

True

Even the most careless conduct will not result in liabiity for negligence unless there is actual harm. True or false?

True

A false statement mafe orally to a third party.

Slander

To determine if the defendant's conduct was the proximate cause of the plaintiff's injury; the court applies to...

Foreseeablity Test

Loud noises late at night, noxious odors, and fumes coming from a nearby house are all examples of?

Nuisance

If a wrongdoer has injured another party, a court will usually award ______ to the injured party?

Monitory Damages

An ________ is a wrong committed by a person who knows and want the resulting consequences.

Intentional Tort

Under the doctrine of ___________, the amount of the plaintiff's recovery is reduced by the percent of his or her negligence.

Comparitive Negligence

The failure of the defendant to provide the plaintiff a required degree of care?

Reach of Duty

When one person interferes with another's rights, either intentionally or negligently, a ________ is committed.

Tort

The wrongful act of injuring anothers reputation by making false statements.

Defamation

Statements made in a court of law are a ________, they cannot be the subject of a defamation lawsuit.

Priviledge

The element of negligence that involves the failure to act as a reasonable person is called?

Reach of Duty

Entering another person's airspace without permission is _________?

Trespass

Negligence of each party is compared, and the amount of the plaintiffs recovery is reduced by the percent of his or her negligence.

Comparative Negligence

Behavior by the plaintiff that helps cause injuries?

Contributory Negligence

Plaintiff's knowledge and acceptance of risk?

Assumption of Risks

The legal connection between unreasonable conduct and the resulting harm?

Proximate Cause

The documentary on Gates called him the _______ of software?

Sultan Software

Anything that interferes with the enjoyment of life or property?

Nuisance

The failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

Negligence

An offense against the public at large?

Crime

The wrongful act of injuring another's reputation by making false statements?

Defamation

A private wrong committed by one person against another?

Tort

Releasing a piranha in Texas first offence is?

Felony

If you are caught having a piranha in your home aquarium, it is a ________ in Texas, first offence?

Class C Misdemeanor

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