Law Questions
Explore questions in the Law category that you can ask Spark.E!
Intentional & harmful or offensive touching of another without consentAssaultBatteryCrimeIntentional TortsTort
The act of making untrue statements about another which damages their reputationDEFAMATIONLibelMalpracticeNegligenceSlanderTRESPASS
the legal contract that sets forth the details describing the rights and responsibilities of the Franchisor and FranchiseeFranchiseFranchise AgreementFranchiseeFranchisor
absolute legal responsibility for an injury that can be imposed on the wrongdoer without proof of intent, negligence or faultJoint & Several liabilityProduct LiabilityStrict LiabilityStrict Tort Liability
Permits detention of suspected shoplifter based on reasonable suspicion for a reasonable time without liability for false imprisonment- Berne Convention- Intentional Infliction of Emotional Distress- Product Disparagement aka Commercial Disparagement- Shopkeeper's Privilege- Work for Hire- Wrongful Interference with Contracts AKA Tortious Interference with Contracts
arrangement where one party(franchisor) grants another party (franchisee) the right to use its trademark and business model to sell a good or service according to certain specificationsFranchiseFranchise AgreementFranchiseeFranchisor
A hybrid form of business enterprise that offers the limited liability of the corporation but the tax advantages of a partnership.C CorporationCorporationLimited Liability Company (LLC)Limited Liability Partnership LLPS Corporation
one who is granted the right to sell the goods or operate the service of another's business modelFranchiseFranchise AgreementFranchiseeFranchisor
party granting another the right to use its business modelFranchiseFranchise AgreementFranchiseeFranchisor
A unique government creation that looks like a corporation but is taxed like sole proprietorships and partnershipsC CorporationCorporationLimited Liability Company (LLC)Limited Liability Partnership LLPS Corporation
Failure to exercise due care under the circumstances and theconsequence of this failure caused harm to anotherDEFAMATIONLibelMalpracticeNegligenceSlanderTRESPASS
All corporations begin as __ Corporations(C/S)
A wrongful act that injures or interferes with an individual's person or property. Focus is on compensating the victimAssaultBatteryCrimeIntentional TortsTort
The most common type of corporation, which is a legal business entity that offers limited liability to all of its owners, who are called stockholdersC CorporationCorporationLimited Liability Company (LLC)Limited Liability Partnership LLPS Corporation
It's finals week and The Addlestone Library is packed with students cramming for exams and studying in groups. Lewis and Emerald reserved a private meeting room on the third floor and are finishing a group project for a marketing class. They talked about how oddly quiet it is in the study room even though the library is busy. Lewis has a personal grudge against Emerald and after working for 5 minutes on their project, Lewis threw his book across the room and said, "Emerald you're a liar and a plagiarist! All of your work this semester has been stolen from me- if you did your own work you'd fail because you are a lazy cheater and terrible student!" Emerald files a defamation claim against Lewis claiming her reputation has been harmed because she makes every effort to be a stellar student and Lewis's statements are not true. Will she prevail?- No- Yes
Joe and his friends went to watch the South Carolina Stingrays hockey team play. It was a very exciting game full of intense action on the ice. Unknown to Joe, the Stingrays were holding their charity drive 'teddy bear toss' during the game. After their first goal, fans throw stuffed toys onto the ice so every child receives something special during the holiday season. Joe was hit in the eye by a stuffed bear and suffered a severe eye injury as a result and files a negligence lawsuit against the Stingrays. What is the likely outcome of the case?- Joe will lose because under 'assumption of the risk' defense, the Stingrays will successfully argue that by attending a hockey game which is a violent sport, Joe assumed the risk of being injured.- Joe will lose because it's against public policy to file a legal claim based on a charitable event.- The court will grant the Stingrays a motion to dismiss because it is a frivolous lawsuit.- Joe will win because being injured by a flying teddy bear is not a risk inherent in watching a hockey game and the defense of 'assumption of the risk' will not apply.
When three elements are present in a business offering, franchise law will apply even if the owners call it something else in an attempt to avoid franchise law regulations. The three elements are: (choose all that apply)- a required payment up front, with ongoing royalties and other fees required- some training or assistance provided- the franchisor will be directly involved with hiring and firing employees working at the franchisee's business location - use of a trademark, logo, branding- an employment relationship between the franchisor and franchisee
The implied warranty of merchantability guarantees that the:- the product is fit for the ordinary purposes for which it is sold.- the product is protected under a full warranty- seller is a merchant.- the product can be resold by the buyer if the buyer does not want to keep it.
The ________________ is a federal law that governs consumer product warranties and is regulated by which government agency?- Magnuson-Moss Act; Securities Exchange Commission- Protect America Act; Federal Trade Commission- Consumer Protects; Food and Drug Administration- Magnuson-Moss Act; Federal Trade Commission
Historically, under the concept of _________, only the original parties to a sales purchase could sue for harm caused by defective products.- privity of contract- privacy of contract- priority of contract- exclusivity of contract