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Failure to use reasonable care

Question 1

In order to be held liable for defamation, a person must make a false statement about another person that causes the person to suffer harm. A true statement, even if offensive, is not considered to be defamation.

True

False

IncorrectQuestion 2

The defense to a charge of negligence that prevents ANY recovery of monetary damages due to someone else's negligence if you were also negligent is called:

Comparative Negligence

Contributory Negligence

Assumption of Risk

Strict Liability

IncorrectQuestion 3

In the United States, employees -- even so-called "employees at will" -- cannot be fired for reasons that violate a fundamental public policy, such as for refusing to perform an act that the law prohibits.

True

False

IncorrectQuestion 4

Which of the following is NOT a requirement for all contracts?

An offer

Acceptance of the offer

Consideration

Mutuality of obligation

Written signatures of both contracting parties

Question 5

"Failure to use reasonable care" or "doing something which a reasonably prudent person would not do, or failing to do something which a reasonably prudent person would do under like circumstances" are both ways of defining:

Intentional Torts

Invasion of Privacy

Negligence

Strict Liability

IncorrectQuestion 6

Which of the following is NOT a reason why a contract may be declared unenforceable?

The contract had an illegal act as its subject matter

One of the parties to the contract was 12 years-old

A home-buyer was told by the seller that the house was termite-free, when in fact it was not

The consideration for the contract consisted solely of mutual promises by both parties, rather than any payment

Company A entered into a contract to sell 20 barrels of its flour to Company B and a natural disaster wiped out Company A's entire stock of flour before the sale could be completed

Question 7

A well-known author is hired by a company to write a mystery novel. The author worked exclusively on the novel while at work every day and spent one year writing the novel. In this case it is more likely that a court would rule that the rights to the novel belong to:

the author

the company

both the author and the company jointly

neither the author nor the company

IncorrectQuestion 8

A defamatory statements made by way of a transitory (non-fixed) representation, such as an oral (spoken) representation, is an example of:

libel

slander

insult

harassment

Question 9

The "wrongdoer" in a tort case is called:

the "Tortious Actor"

the "Tortfeasor"

the "Tortist"

the "Tort Generator"

IncorrectQuestion 10

Websites such as YouTube that host third-party content are always liable for any and all defamatory content posted by the website's users.

True

False

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