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Tort law is primarily state law.

True

When it comes to assault, apprehension and fear are considered as the same thing.

False

Consent, if proven, is a defense to battery.

True

Defense of property cannot be a defense to a claim of battery.

False

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.

False

In China, defamation can be a civil or criminal action.

True

Privilege is an affirmative defense in a defamation action.

True

If a defamation statement was originally broadcast by a company in the United States and was re-broadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.

False

The use of moral pressure is insufficient to establish false imprisonment.

True

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.

True

In some situations, the law specifies the duty of care one individual owes to another.

True

The courts generally hold that landowners have a duty to protect individuals on their property.

True

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff.

True

A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.

False

According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover.

False

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

False

More than half the states remain contributory negligence states.

False

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

True

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.

False

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

False

Strict liability is liability without fault.

True

The term "consideration" in relation to contracts involves parties acting in an ethical manner.

False

The Restatement of the Law Second, Contracts is not actually the law itself.

True

Whether a contract is bilateral or unilateral depends upon what response the offeror expects from the offeree.

True

Today, courts hold that once an offeree begins performance, the offeror must hold the offer open for a reasonable time to allow the offeree to complete the performance.

True

Quasi-contracts are actual contracts.

False

If a quasi-contract is imposed, the amount of damages for a breach is based upon the fair market value of any service provided to the defendant.

True

In order to recover under quasi-contract, there is no requirement that enrichment be unjust.

False

If a contract is valid, then it is enforceable.

False

Any contract that is not a formal contract is an informal contract, also called a simple contract.

True

In the employer/employee context, the purpose of a covenant not to compete is to restrict what an employee may do after leaving a company.

True

Courts interpret contracts using an objective standard.

True

Only the offeree to whom an offer is directed can accept the offer.

True

Once an offer is made, an offeror has no right to terminate it before receiving a reply.

False

An offer by a retailer to purchase seasonal goods from a wholesaler would not lapse sooner than an offer to purchase goods that could easily be sold all year long.

False

There are a limited number of circumstances under which silence can be an acceptance.

True

If the subject matter of an offer is destroyed, the offer terminates after 10 days or notice of the death to the offeree, whichever comes first.

False

If an offeree makes a mistake and sends an acceptance to the wrong address, there is an acceptance upon dispatch.

False

An "instructed authorization" occurs if the means by which an acceptance can be communicated to the offeror is expressly stated in the offer.

True

If an acceptance is received after a rejection is received, the acceptance is still valid.

False

Under the Mailbox Rule, a valid contract has been formed if a rejection is dispatched, but before it is received, the acceptance is communicated to the offeror.

True

Which of the following is a tort?

A wrong or injury to another, other than a breach of contract.

What language is the word tort and what does it mean?

French; wrong

Tort litigation has been

declining gradually since 1990

Common classifications of torts

intentional, negligent, and strict-liability

Intentional torts

occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result

Negligent torts

occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm

Strict-liability torts

occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes

Intent needed for an intentional tort

the intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another

three categories of intentional torts

against persons, against property, against economic interests

Assault

occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact

Intent needed for battery

a plaintiff may prove liability without having to demonstrate that the defendant intended to be offensive, but the plaintiff must establish harmful contact

The Communications Decency Act of 1996

gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others

truth and privilege

a person accused of defamation may raise this as a defense

absolute privilege

when this exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim

actual malice

under a conditional privilege, a party will not be held liable for defamation unless the false statement was made with

Politicians and entertainers

Which would generally be public figures for purposes of the public figure privilege to actions for defamation

False light

attributing characteristics or beliefs to a person that he or she does not possess

negligence

behavior that creates an unreasonable risk of harm to others and involves the failure to exercise reasonable care to protect another's personal property

Duty, breach of duty, causation and damages

needed to be proved to win a negligence case

reasonable person standard

a measurement of the way members of society expect an individual to act in a given situation

breach of duty

the violation of a duty of care

actual cause and proximate cause

elements of causation

cause in fact

actual cause is also known as

actual cause

the determination that the defendant's breach of duty resulted directly in the plaintiff's injury

actual cause

sometimes referred to as "but for" causation

legal cause

proximate cause is also referred to as this

proximate cause

the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions

forseeability

in most states, proximate cause is determined by

compensatory

damages that are intended to reimburse a plaintiff for their losses

why are punitive damages awarded?

to punish the offender and to deter others from committing similar offenses

gross negligence

courts usually award punitive damages in cases in which the offender has committed

consideration

a bargained-for exchange

contractual capacity

the legal ability to enter into a binding agreement

legal object

the requirement that a contract not be either illegal or against public policy

a lack of genuine assent

acceptance secured through fraud, undue influence, or misrepresentation

objective theory

contract law is said to be based on this, meaning that the existence and interpretation of the contract is based on the outward manifestations of intent by the parties

objective intent

not relevant when determining whether a contract exists; rather, what is relevant is how they represented their intent through actions and words

case law and the Uniform Commercial code

two most important sources of contract law

England

todays law of contracts originated from judicial decisions in

common

the law of contracts is primarily this kind of law

2 and 2a

articles part of the Uniform Commercial Code relevant to contracts

with reserve

if nothing is stated to the contrary in terms of an auction, an auction is presumed to be

without reserve

if the seller is treated as making an offer to accept the highest bid, the auction is

material terms

the terms that allow a court to determine what the damages would be in the event that one of the parties breaches the contract

Andrus vs. State Department

plaintiff had not specifically accepted the job

"master of his offer"

the right of an offeror to revoke an offer

option contract

If a person wishes to ensure that an offer will in fact be held open for a set period of time, the person may do so by entering into this kind of contract

when is revocation effective

when it is received by the offeree

If an option contract exists

the administrator of an offeror's estate must hold an offer open until it expires in accordance with the contract

by performance or by a return promise

a way in which an oferee can manifest intent to enter into a bilateral contract

by performance

way an offer may accept a unilateral contract

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