Fill in the Blank

1. Term to describe the type of negligence when there is a finding that of the two responsible parties the party which is more than 50% at fault is responsible for the problem

2. Term used to describe when an employer misrepresents the true actions or character of an employee by distorting or misstating facts

3. Term used to describe the type of offer which must be accepted in accordance to the exact terms of the offer

4. Term used to describe the requirement that an existing shareholder cannot sell their share until they first offer the shares to another existing shareholder

5. Term used to describe the tort in which a person uses the personal property of another person without their consent and subsequently fails to return it

MULTIPLE CHOICE

6. Which of the following best the order states the remedies in resolving a premise liability risk:

a. Premise liability risk is best handled through obtaining insurance

b. Inspect, Correct, and Warn

c. Warn, Correct, and Inspect

d. The customer is an invitee to the premises and thus cannot be negligent

7. Which of the following statements about the performance in a contract is not true:

a. Partial performance is a material breach

b. Complete performance means that the duties in the contract have been fully done

c. Substantial performance is a material breach

d. A contract which is not performed on time is a material breach

1 8. Which of the following is not an accurate statement about promissory estoppel:

a. there is reasonable reliance on the statement of the promisor

b. there was a detriment that needs to be avoided or prevented

c. there was a written promise that was observed by a witness then it is valid

d. there was an injustice which can be prevented.

9. Which of the following is a valid defense to the claim of false imprisonment against a business:

a. The customer was given a warning first

b. Shopkeeper's privilege

c. The customer was trespassing

d. Disparagement by the customer occurred and it needed to be stopped

10. Which of the following is not true about the tort of intentional interference with a contract:

a. The contract is breached unintentionally

b. The third party had knowledge about the contract

c. The contract is void because of the breach

d. The third party usually does receive a benefit from the breach

11. Which of the following is most likely an invasion of worker privacy:

a. Use of a camera by the employer on the factory floor

b. Use of a camera by the employer in the parking lot

c. Data mining employee health records for product marketing purposes

d. Using a photo of an employee for business management purposes

12. Which of the following is a contract invalid for lack of consideration:

a. The parties agree to buy and sell a horse - the buyer will pay next week the price and the seller will deliver the horse

b. The parties agree to agree to buy and sell a horse next week

c. The parties agree to buy and sell a horse and that the buyer will present the horse for inspection next week

d. The parties agree to the purchase of a horse today but will wait till next week to sign a written contract.

13. Which of the following is a requirement of the tort of trespass:

a. A person was given warning of the offense

b. The property was harmed by the trespass

c. The trespasser refused to apologize

d. The trespass was unintentional

2 14. Which of the following is a correct statement about torts:

a. Assault requires intent but negligence is strict liability

b. Premise liability is negligence but defamation requires intent

c. Strict liability requires intent but defamation requires negligence

d. All of the above are true

15. Which of the following is not a business concern with some form of limited liability

a. A corporation

b. A LLC

c. A limited partnership

d. None of the above