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LEB 320F Unit 4 Quiz with 100% correct Answers
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LEB 320F Unit 4 Quiz
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LEB 320F Unit 4 QuizIf someone does not become aware of an injury caused via the negligence of another for more than two years after the negligent act of another, their claim is not waived under the statute of limitations in most states. - Answer -True; Most states embrace a doctrine of tolling statute of limitations until the person becomes aware of their injury, within certain limitations.
Under the Lanham Act, a deceived consumer is generally the one to bring a suit against
the corporation. - Answer -False; It is generally competitors who, while redressing their own injuries, seek under the Lanham Act to end false advertising that also injures consumers.
In order to prove a claim of negligence, the plaintiff must establish: (1) that the defendant owed the plaintiff a duty of care, (2) that the defendant breached that duty of due care, (3) that the defendant's breach proximately caused the injury, and (4) that the plaintiff suffered injury. - Answer -True
A seller generally doesn't owe a different level of duty to a stranger than they do to a close friend. - Answer -False; Due to the level of trust and confidence between a seller and their close friend, they may be required to speak up. Failure to disclose, therefore, is more likely to constitute fraud if the plaintiff is a friend, a relative or a partner than if the plaintiff is a stranger.
Negligence per se can be applied when a court finds an act negligent because an individual has violated a statute. - Answer -True; Negligence per se is a doctrine that states that someone is necessarily negligent if they broke a certain statute, such as a speed limit, and then an accident occurred, such as a wreck. In situations such as these, the court will assume the defendant was acting negligently simply because they broke a law which was intended to prevent such accidents. To prevail, plaintiffs must still establish that the defendant owed a duty of care and that plaintiffs suffered injuries proximately caused by the breach of duty.
The primary difference between assault and battery is that assaults only involve apprehension while batteries are intrusions of the body. - Answer -True; Although modern courts and statutes frequently use the two terms interchangeably, technically a battery is a rude, inordinate contract with the person of another. An assault, basically, is any act that creates an apprehension of an imminent battery.
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