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Question
Michael wanted to try out his new hand gun. He set up a target in his back yard for firing practice. Stella's house, which is located on the lot directly behind Michael's property, happened to be directly in the line of fire. Michael's first shot missed the target and the bullet crashed through Stella's kitchen window, striking and seriously injuring her. Which of the following legal theories would be best for Stella's attorney to use in a lawsuit against Michael?A) doctrine of unintentional tort
B) doctrine of proximate cause
C) res ipsa loquitur
D) gross negligence
Answer
This answer is hidden. It contains 1 characters.
Related questions
Q:
Which of the following is true of a fully disclosed agency?
A) The third party does not know the identity of the principal.
B) The third party knows the name of the principal but all transactions are done with the agent.
C) The contract is between the principal, agent, and the third party.
D) The principal is liable on the contract with a third party.
Q:
The ________ is a principal's duty to cover the agent for any losses the agent suffers because of the principal's conduct.
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Ashley owns a piece of vacant real estate through which a small river runs. Ashley hires Warren, a licensed real estate broker, to list the property for sale and help sell the property. While inquiring in the neighborhood, Ashley's neighbor Lenny tells Warren that a chemical plant upstream has polluted his property and that Warren should have environmental engineers test the soil on Ashley's property as well. Warren does not tell Ashley about Lenny's suggestion. Warren manages to find a buyer for Ashley's property in Martha. It is later discovered that the property Martha bought from Ashley is also polluted. What important agent's duty has Warren failed to perform?
A) duty to indemnify
B) duty to account
C) duty to reimburse
D) duty to notify
Q:
Which of the following is an instance of misuse of confidential information?
A) An agent gives the seller the principal's name and phone number in a fully disclosed transaction.
B) A principal gives the contact details of an agent to a third-party without the agent's knowledge.
C) An agent withholds critical information from the principal about the agency.
D) An agent divulges details of his past employer to the principal.
Q:
Which of the following is a course of action for a principal if an agent is found competing with him or her?
A) The principal can recover damages from the agent if the competition continues after the agency has ended.
B) The principal can recover profits made by the agent in the competing venture.
C) The principal has the option of buying the agent's competing venture.
D) The principal is not allowed to recover lost sales due to the agent's competing venture.
Q:
A power of attorney where a principal confers powers on an agent to act in specified matters on the principal's behalf is referred to as a(n) ________.
Q:
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An apparent agency is also known as an agency by estoppel.
Q:
The agent's actions–not the principal's–create an apparent agency.
Q:
A power of attorney gives an agent the power to sign legal documents on behalf of the principal.
Q:
An express agency contract cannot be orally agreed upon.
Q:
Which of the following is true of an apparent agency?
A) The authority of an apparent agent is implied from the conduct of the parties.
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Q:
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A) a general power of attorney
B) a special power of attorney
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Q:
Which of the following is true about a special power of attorney?
A) It is an implied form of power of attorney.
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Q:
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The ________ is the party who employs another person to act on his or her behalf.
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Q:
Constructive notices are not valid against strangers who assert claims of apparent agency.
Q:
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A) loss or destruction of the subject matter of the agency
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Defendants cannot assert a due diligence defense against liabilities arising from the violation of Section 11 of the Securities Act of
Q:
The issuer is permitted to assert a due diligence defense against the imposition of Section 11 liability.
Q:
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Q:
What is insider trading? How is it regulated in the United States?
Q:
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D) SEC Rule 10b5-1
Q:
Of the following, who is considered a Section 16 statutory insider?
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B) Robert Morgan, an employee who owns ten percent of all equity security of KYU Corp.
C) Jim Downey, a graphics engineer who quit KYU Corp. after five years of service.
D) Kate Harris, a legal consultant to KYU Corp.
Q:
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Q:
Which of the following is an example of insider trading?
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D) An employee sells his shares to another employee without notifying the company.
Q:
In order to be found guilty for violation of Rule 10b-5, intentional conduct (scienter) must be proven.