element of defamation
What element of defamation require the aggrieved party to be able to prove pecuniary (monetary) harm?
The law recognizes an absolute privilege defense to defamation claims against?
Jamal rents a locker at Moe’s Storage based on misrepresentations by the manager that a full-time security guard is employed to watch the storage lockers. One night, Jamal’s storage locker is burglarized. In a lawsuit against Moe’s Storage for fraudulent misrepresentation who would prevail?
Florida passes a state statute that gives the right for any citrus farmer to sue any party who wrongfully defames Florida-grown oranges. This is an example of a what statute?
Carmine owns an electronics store that competes with Kim’s/ Jeremy is one of Kim’s best sales reps, so carmine invites Jeremy to a lavish meal to discuss potential employment at her store. When Jeremy informs Carmine that he is restricted by contract from working for any of Kim’s competitors for aat least two years after termination, Carmine offers hime $5,000 to break the contract immediately and Jeremy begins work for carmine. in a lawsuit against Carmine who would prevail?
When a tortfeasor is willful in bringing about a particular event that caused harm, it falls into which category of tort?
The law does not recognize an absolute privilege defense to defamation claims against what?
Doug rented a space in Boswell’s Parking to store his trailer. One night, Doug’s trailer catches fire and is destroyed. After the fire, Doug learns about a brochure quoting the manager of Boswell’s Parking that a full-time security guard watched the lot at night; however, no such guard existed. In a lawsuit against Boswell’s Parking for fraudulent misrepresentation who would prevail
Idaho passes a state statute that gives the right for potato farmer to sue any party who wrongfully defames potatoes grown in Idaho. This is an example of a what statute
Keith provides consulting services to Troy Manufacturing. Mei-Ling has been trying to get Troy’s business for more than a year and finally offers to undercut Keither’s rates by 50 percent. After the Keith-Troy contract expires, Troy switches to Mei-Ling. In a lawsuit by Keith against Mei-Ling over the Troy account who would prevail?
If one party fails to act reasonably and causes harm to another party without any harmful intent, this category of tort is called?
Name two elements of negligence?
Green Grocer operates a supermarket. Niles is shopping in the supermarket and slips on a recently mopped floor. Green Grocer owes Niles which of the following special duties
Friendly Motel posted a sign near its pool “Danger–No lifeguard on duty. Pool closes at sunset.” Antonin sees the sign but takes a midnight swim anyway. He is injured when he hits his head on the bottom of the pool because no lights are on. In a negligence claim, which of the following is Friendly Motel’s best defense?
Name two elements of negligence
High End china operates a chain of kitchenware stores. Rockefeller is a guest at one of the stores and trips on a ripped rug near the cash register. High End China owes Rockefeller which of the following special duties?
Name three elements of negligence
Troy’s boss invites Troy and his colleagues to a dinner at his home. On the way up the walkway to his boss’s house, Troy falls on a step that was cracked. Troy’s boss owes him which of the following special duties?
T/F: Debtors may keep certain assets after they have filed for liquidation
T/F: An automatic stay halts all creditors’ collection actions except for ones brought by government agencies
T/F: The court cannot force creditors to agree to a reorganization plan even if it is fair, equitable, and feasible
T/F: Chapter 7 allows business entities to keep some exempt property
T/F: An individual filing for Chapter 7 may always keep their car
T/F: Creditors can force a company into bankruptcy proceedings
Whose only legal remedy is to bring a lawsuit against a borrower to try to recover the money loaned?
A petition for bankruptcy that is filed by creditors against a debtor is known as what type of filing?
A creditor with an interest in real property is called a/an:
What does going through the process of accord and satisfaction do?
The reorganization plan is unique to what type of bankruptcy filing?
Name the three requirements for undue hardship
What is the main difference between Chapters 7-11?
This bankruptcy chapter filing option liquidates the debtor’s property to repay creditors and discharge the debts
How is a debtor protected in bankruptcy from the moment of filing?
What businesses typically need a personal guarantee in order to receive a loan?
What is the name of the legislation that helps homeowners avoid foreclosure by offering certain guarantees when refinancing a mortgage?
Which chapter of the bankruptcy code is best thought of as temporary protection from creditors while a business goes through a planning process to pay creditors while continuing to do business?
Secured creditors require what (property, assets, or land) to secure the debt of a borrower
The most common form of unsecured credit is what?
Name two secured creditors
a secured creditor must what their security interest in the collateral in order to be fully protected under UCC Article 9
For small and mid-sized business ventures, a creditor will typically require a what from the principals of the business in order to help secure a business loan
Hawkings applies for a loan to fund a business project, but his credit score is very low and he has no collateral. he convinces his wealthy friend Ethan to cosign the loan. the bank requires Ethan to be primarily liable on the loan. Ethan is a what?
what is property, assets, orland used to secure the debt of a borrower
Hawkings applies for a loan to fund a business project, but his credit score is very low and he has no collateral. he convinces his wealthy friend Ethan to cosign the loan. Ethan agrees, as long as he is not premarily liable on the loan. Ethan is a what?
Hawkings applies for a loan to fund a business project, but his credit score is very low and he has no collateral. He convinces his wealthy friend Ethan to cosign the loan. Hawkings defaults and the bank pursues Ethan, even though they have not exhausted their remedies against Hawkings. Ethan is a what?
A(n) what business is when a business venture no longer has adequate assets or revenues to maintain its operations and can no longer pay its bills as they become due
Stafford starts a Web-based advertising business, but eventually he can no longer pay the company’s bills as they come due. He files a certificate with the state corporation bureau that indicates that he is no longer in business. Stafford chose which alternative available to insolvent businesses?
What is the most extreme form of bankruptcy because it requires the debtor to liquidate all of their property in order to pay creditors
Name two options that gives the debtor an automatic stay from attempts by creditors to collect a debt?
The bankruptcy court has the authority to force a reorganization plan upon creditors over their objection. This is known as the court’s what provision