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Xeco212 Week1 Essay

1771 words - 8 pages

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Assignment Name: Meiners, The Legal Environment of Business, 9e, Chapter 6
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1 Tort means:

a. injury in Greek.

b. a criminal offense.

c. twisted or wrong.

d. injury to a contract.

status: correct (1.0)
...view middle of the document...

status: correct (1.0)
correct: c
your answer: c
feedback: Correct. That is not required for negligence.

5 In Bethlehem Steel v. Ernst and Whinney, where Ernst did accounting of another company's books so Bethlehem could know if credit should be granted, and the other company went bankrupt, leaving Bethlehem with an unpaid bill for which it sued Ernst, the high court of Tennessee held that Ernst:

a. was negligent in its accounting, which was the cause of the loss suffered by Bethlehem.

b. intentionally hid the company's problems from Bethlehem and could be assessed punitive damages.

c. did the work for the other company and owed no duty of care to Bethlehem.

d. met the standards of the profession; it was not reasonable to it to foresee the financial problems that would come about later.

status: correct (1.0)
correct: a
your answer: a
feedback: Correct. The firm did not live up to the standard of care expected of a professional accountant.

6 In Palsgraf v. Long Island Railroad, where Ms. Palsgraf was injured by falling machinery at the Long Island terminal, the high court of New York held that:

a. the railroad was subject to strict liability since it offered its services to the public.

b. the railroad's conduct was a substantial factor in the injury she suffered, so it was liable.

c. the railroad's conduct was the cause in fact of her injury, so it was liable.

d. the railroad did nothing that was the proximate cause of her injury, so no liability.

status: incorrect (0.0)
correct: d
your answer: c
feedback: Incorrect. The railroad did not act directly so as to cause her injury.

7 The substantial factor test has been adopted by a number of states to use in tort cases in place of:

a. the comparative negligence test.

b. assumption of risk.

c. proximate cause.

d. duty of care.

status: incorrect (0.0)
correct: c
your answer: a
feedback: Incorrect. That is part of defenses raised.

8 In Lilya v. Greater Gulf State Fair, where Lilya suffered a serious injury when he was thrown from a mechanical bull ride at a fair, the Alabama high court held that:

a. Lilya had not suffered any measurable damages so would collect nothing.

b. the ride operator provided sufficient warning of the dangers involved in the ride.

c. the ride operator failed in its duty of care and so would be held strictly liable.

d. Lilya contributed his negligence to the situation, so could collect nothing.

status: correct (1.0)
correct: b
your answer: b
feedback: Correct. The jury properly determined...

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