Question 1

Liability for injuries based on proportionate negligence is allowed by most states.

Accepted Answer

A) True 
 B)False  True

Question 2

Those who do not make goods,but only sell or lease them,cannot be held liable for harm caused by those goods to a consumer.

Accepted Answer

A) True 
 B)False  False

Question 3

In deciding whether conduct is sufficiently outrageous to support an action for infringement of emotional distress,a court looks at the pattern of the conduct.

Accepted Answer

A) True 
 B)False  True

Question 4

Data Analytics,Inc. ,and eProducts Corporation market competing software products.Data Analytics launches an ad campaign claiming that eProducts,instead of testing software before it is marketed,has customers "test" the software by using it.eProducts knows this is not true but begins to lose sales to Data Analytics.On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?

Accepted Answer

eProducts could sue Data Analytics for d

Question 5

A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

Accepted Answer

A) True 
 B)False

Question 6

Insulate Inc.makes and sells fire-retardant building materials.In a product liability suit against Insulate,a court would use a risk-utility analysis of the company's product as designed to determine whether

Accepted Answer

A)  a risk of harm outweighs the products' utility to the users and the public. 
B)  the product performed as a consumer would reasonably expect. 
C)  the product is as useful and as risky as the public expects. 
D)  the risk of return on investment in the product supports its utility. 
A)  a risk of harm outweighs the products' utility to the users and the public. 
B)  the product performed as a consumer would reasonably expect. 
C)  the product is as useful and as risky as the public expects. 
D)  the risk of return on investment in the product supports its utility.

Question 7

In a phone call to Lou,Mia makes statements about Nye that injures Nye's reputation.If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense,Mia is most likely liable for

Accepted Answer

A)  contempt. 
B)  malice. 
C)  libel. 
D)  slander. 
A)  contempt. 
B)  malice. 
C)  libel. 
D)  slander.

Question 8

Any time that one party's allegedly wrongful conduct causes injury to another,an action may arise under the law of torts.

Accepted Answer

A) True 
 B)False

Question 9

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

Accepted Answer

A) True 
 B)False

Question 10

Marco is harmed when Nell defames him.If Marco brings a successful tort action against Nell,he may be awarded general damages to compensate him for

Accepted Answer

A)  monetary losses,such as lost wages and benefits. 
B)  nonmonetary aspects of the harm suffered,such as loss of reputation. 
C)  the defendant's reckless disregard of the effect on the life of another. 
D)  all of the choices. 
A)  monetary losses,such as lost wages and benefits. 
B)  nonmonetary aspects of the harm suffered,such as loss of reputation. 
C)  the defendant's reckless disregard of the effect on the life of another. 
D)  all of the choices.

Question 11

When an award of punitive damages is grossly excessive,it furthers no legitimate purpose and violates due process requirements.

Accepted Answer

A) True 
 B)False

Question 12

If an owner consents to the taking of his or her property,a failure to return it cannot be a tort.

Accepted Answer

A) True 
 B)False

Question 13

Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury.

Accepted Answer

A) True 
 B)False

Question 14

Ichiro is injured in a two-car accident and sues Heather,the driver of the other vehicle,alleging negligence.Heather claims that Ichiro was driving more carelessly than she was.Comparative negligence may reduce Ichiro's recovery

Accepted Answer

A)  even if Ichiro was only slightly at fault. 
B)  only if Ichiro and Heather were equally at fault. 
C)  only if Ichiro was less at fault than Heather. 
D)  only if Ichiro was more at fault than Heather. 
A)  even if Ichiro was only slightly at fault. 
B)  only if Ichiro and Heather were equally at fault. 
C)  only if Ichiro was less at fault than Heather. 
D)  only if Ichiro was more at fault than Heather.

Question 15

The standard of reasonable care for a professional is the same as that of an ordinary person.

Accepted Answer

A) True 
 B)False

Question 16

Trespass to land is committed if,without the permission of the property owner,a person

Accepted Answer

A)  enters the property to assist someone in danger. 
B)  causes water to back up onto the property. 
C)  has a revocable license to come onto the property. 
D)  all of the choices. 
A)  enters the property to assist someone in danger. 
B)  causes water to back up onto the property. 
C)  has a revocable license to come onto the property. 
D)  all of the choices.

Question 17

Without Data Corporation's consent,Elias hacks into the firm's computers and downloads trade secrets and other confidential information.Most likely,Elias is liable for the tort of

Accepted Answer

A)  trespass to land. 
B)  conversion. 
C)  appropriation. 
D)  battery. 
A)  trespass to land. 
B)  conversion. 
C)  appropriation. 
D)  battery.

Question 18

Defamatory statements made via the Internet are not actionable because they are protected by the First Amendment's guarantee of freedom of speech.

Accepted Answer

A) True 
 B)False

Question 19

DIY,a retail hardware store,must use reasonable care on its premises to warn its invitees of

Accepted Answer

A)  all possible dangers. 
B)  hidden dangers. 
C)  dangers about which the business does not,or should not,know. 
D)  no dangers. 
A)  all possible dangers. 
B)  hidden dangers. 
C)  dangers about which the business does not,or should not,know. 
D)  no dangers.

Question 20

Lyn is injured when a part of a building ledge breaks free and strikes her.If Lyn brings a successful tort action against the building's owner,she may be awarded special damages to compensate her for

Accepted Answer

A)  monetary losses,such as medical expenses. 
B)  nonmonetary aspects of the harm suffered,such as pain and suffering. 
C)  egregious or reprehensible conduct by the defendant. 
D)  all of the choices. 
A)  monetary losses,such as medical expenses. 
B)  nonmonetary aspects of the harm suffered,such as pain and suffering. 
C)  egregious or reprehensible conduct by the defendant. 
D)  all of the choices.

Exam 5: Torts and Product Liability

Liability for injuries based on proportionate negligence is allowed by most states.

Those who do not make goods,but only sell or lease them,cannot be held liable for harm caused by those goods to a consumer.

In deciding whether conduct is sufficiently outrageous to support an action for infringement of emotional distress,a court looks at the pattern of the conduct.

A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

Insulate Inc.makes and sells fire-retardant building materials.In a product liability suit against Insulate,a court would use a risk-utility analysis of the company's product as designed to determine whether

In a phone call to Lou,Mia makes statements about Nye that injures Nye's reputation.If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense,Mia is most likely liable for

Any time that one party's allegedly wrongful conduct causes injury to another,an action may arise under the law of torts.

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

Marco is harmed when Nell defames him.If Marco brings a successful tort action against Nell,he may be awarded general damages to compensate him for

When an award of punitive damages is grossly excessive,it furthers no legitimate purpose and violates due process requirements.

If an owner consents to the taking of his or her property,a failure to return it cannot be a tort.

Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury.

Ichiro is injured in a two-car accident and sues Heather,the driver of the other vehicle,alleging negligence.Heather claims that Ichiro was driving more carelessly than she was.Comparative negligence may reduce Ichiro's recovery

The standard of reasonable care for a professional is the same as that of an ordinary person.

Trespass to land is committed if,without the permission of the property owner,a person

Without Data Corporation's consent,Elias hacks into the firm's computers and downloads trade secrets and other confidential information.Most likely,Elias is liable for the tort of

Defamatory statements made via the Internet are not actionable because they are protected by the First Amendment's guarantee of freedom of speech.

DIY,a retail hardware store,must use reasonable care on its premises to warn its invitees of

Lyn is injured when a part of a building ledge breaks free and strikes her.If Lyn brings a successful tort action against the building's owner,she may be awarded special damages to compensate her for

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Ethics in Business

Business and the Constitution

Criminal Law and Cyber Crime

International and Space Law

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Internet Law, social Media, and Privacy

The Formation of Traditional and E-Contracts

Contract Performance, breach, and Remedies

Sales and Lease Law

Creditor-Debtor Relations and Bankruptcy

Agency Relationships

Employment, immigration, and Labor Law

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