1. Negligence
Question 1:
In a negligence claim, the plaintiff must prove that the defendant owed a duty of care to them. What is this duty of care generally based on?
A) The relationship between the parties
B) The amount of money involved
C) The number of witnesses present
D) The defendant’s past behavior
Answer: A) The relationship between the parties
Question 2:
Which of the following is a key element required to establish a negligence claim?
A) Intentional harm
B) Strict liability
C) Breach of duty
D) Assumption of risk
Answer: C) Breach of duty
2. Defamation
Question 1:
What is the main difference between libel and slander?
A) Libel refers to written defamation, while slander refers to spoken defamation
B) Libel involves intentional harm, while slander involves accidental harm
C) Libel is a criminal offense, while slander is a civil offense
D) Libel requires proof of damages, while slander does not
Answer: A) Libel refers to written defamation, while slander refers to spoken defamation
Question 2:
For a defamation claim to be successful, the plaintiff generally needs to prove that:
A) The statement was true
B) The statement was published to a third party
C) The statement was made with no knowledge of its falsity
D) The defendant did not have a legal duty to verify the information
Answer: B) The statement was published to a third party
3. Misrepresentation
Question 1:
Misrepresentation in a business context involves:
A) Making a false statement that induces another party to enter into a contract
B) Failing to perform under a contract
C) Breaching a fiduciary duty
D) Negligently causing damage to property
Answer: A) Making a false statement that induces another party to enter into a contract
Question 2:
Which type of misrepresentation is considered fraudulent?
A) A false statement made with no intent to deceive
B) A false statement made with the intent to deceive
C) An accidental misstatement
D) A statement of opinion rather than fact
Answer: B) A false statement made with the intent to deceive
4. Interference with Contractual Relations
Question 1:
What is the primary basis for a claim of interference with contractual relations?
A) Breach of contract by one party
B) Intentional and unjustified interference with an existing contract
C) Negligent misrepresentation about contract terms
D) Failure to disclose a conflict of interest
Answer: B) Intentional and unjustified interference with an existing contract
Question 2:
Which of the following is generally required to prove interference with contractual relations?
A) The interference was based on a business decision
B) The interference was made with good intentions
C) The interference was intentional and wrongful
D) The interference was done in a competitive market
Answer: C) The interference was intentional and wrongful
5. Trade Secrets Misappropriation
Question 1:
What constitutes trade secret misappropriation?
A) Using publicly available information in a competitive market
B) Disclosing a trade secret without authorization
C) Publishing general industry knowledge
D) Failing to protect a trade secret adequately
Answer: B) Disclosing a trade secret without authorization
Question 2:
To prove misappropriation of trade secrets, a company must generally demonstrate:
A) The secret was known by the public
B) The trade secret was used without consent and in breach of a confidentiality agreement
C) The trade secret was independently discovered by a competitor
D) The trade secret was disclosed in a legal proceeding
Answer: B) The trade secret was used without consent and in breach of a confidentiality agreement