Question 1

When someone suffers injury because of another's failure to live up to a required duty of care,negligence occurs.

Accepted Answer

A) True 
 B)False

Question 2

Recharge Corporation makes batteries.Sol is injured when the Recharge battery in his phone bursts into flame.In Sol's product liability suit against the maker,alleging a design defect,the court may consider

Accepted Answer

A)  Recharge's knowledge of the uses of its battery. 
B)  Recharge's share of its market. 
C)  Recharge's advertising. 
D)  an available alternative design. 
A)  Recharge's knowledge of the uses of its battery. 
B)  Recharge's share of its market. 
C)  Recharge's advertising. 
D)  an available alternative design.

Question 3

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

Accepted Answer

A) True 
 B)False

Question 4

Foreseeability is the test for proximate cause.

Accepted Answer

A) True 
 B)False

Question 5

The elements of an action in strict product liability include that a plaintiff must incur harm by the use or consumption of a product.

Accepted Answer

A) True 
 B)False

Question 6

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home.If Opal brings a successful tort action against the truck's owner for gross negligence,she may be awarded punitive damages to

Accepted Answer

A)  compensate for her total losses. 
B)  put her into the same position she would have been in if the tort had not occurred. 
C)  punish the defendant and deter others from similar wrongdoing. 
D)  all of the choices. 
A)  compensate for her total losses. 
B)  put her into the same position she would have been in if the tort had not occurred. 
C)  punish the defendant and deter others from similar wrongdoing. 
D)  all of the choices.

Question 7

Don interferes with the business interests of Erin in a way not permitted by law,and Erin's business is harmed as a result.To be liable to Erin for the commission of an intentional tort,Don must have

Accepted Answer

A)  intended to commit the act. 
B)  intended to harm Erin's business. 
C)  acted with an evil motive. 
D)  acted with a harmful motive. 
A)  intended to commit the act. 
B)  intended to harm Erin's business. 
C)  acted with an evil motive. 
D)  acted with a harmful motive.

Question 8

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.

Accepted Answer

A) True 
 B)False

Question 9

Dian enters a car race,knowing that there is a risk of being injured in a crash.Dian assumes

Accepted Answer

A)  only those risks that she agrees to assume. 
B)  no risk in this situation. 
C)  any risk-contemplated or not-associated with the race. 
D)  the risk of being injured in a crash. 
A)  only those risks that she agrees to assume. 
B)  no risk in this situation. 
C)  any risk-contemplated or not-associated with the race. 
D)  the risk of being injured in a crash.

Question 10

In most states,a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

Accepted Answer

A) True 
 B)False

Question 11

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

Accepted Answer

A) True 
 B)False

Question 12

EZ Co-op Inc.sells Fill-Up cattle feed to ranchers.Gina buys and feeds Fill-Up to her herd.The feed is poisoned.Gina sues EZ for product liability based on negligence.To win,Gina must show

Accepted Answer

A)  why the feed was poisoned. 
B)  how the feed became poisoned. 
C)  that the feed caused her damage. 
D)  all of the choices. 
A)  why the feed was poisoned. 
B)  how the feed became poisoned. 
C)  that the feed caused her damage. 
D)  all of the choices.

Question 13

A false statement about a person's business can give rise to liability for defamation.

Accepted Answer

A) True 
 B)False

Question 14

Baby Things Inc.makes and sells a crib to Cara.Baby Things fails to exercise "due care" to make the crib safe,and Cara's child Dua is injured as a result.Baby Things is most likely liable for

Accepted Answer

A)  fraud. 
B)  misrepresentation. 
C)  negligence 
D)  strict liability. 
A)  fraud. 
B)  misrepresentation. 
C)  negligence 
D)  strict liability.

Question 15

A seller who introduces into commerce a harmful or defective product may be subject to a tort action for strict liability.

Accepted Answer

A) True 
 B)False

Question 16

It is the motive behind the intent-not the intent-that is important in tort law.

Accepted Answer

A) True 
 B)False

Question 17

Meg is shopping in Nate's Hardware Store when a nail gun in use by Ovid,one of the store's employees,fires without warning and hits Meg in the leg.Nate checks the gun and discovers that it was assembled improperly.Meg files a suit against Power Tools Inc. ,the maker of the gun,on the ground of strict product liability.What are the elements for an action based on strict product liability? In whose favor is the court likely to rule and why?

Accepted Answer

In an action based on strict product lia

Question 18

To maintain an action in strict product liability,the plaintiff must show why and how the product became defective.

Accepted Answer

A) True 
 B)False

Question 19

Mai is struck and injured when the brakes fail on Novi's all-terrain vehicle (ATV),which is damaged in the collision.Off-Road Inc.sold the ATV to Novi.Under product liability laws,Off-Road could be liable to

Accepted Answer

A)  Novi,but not Mai. 
B)  Mai,but not Novi. 
C)  none of the parties. 
D)  Mai and Novi. 
A)  Novi,but not Mai. 
B)  Mai,but not Novi. 
C)  none of the parties. 
D)  Mai and Novi.

Question 20

In a successful tort suit,an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.

Accepted Answer

A) True 
 B)False

Exam 5: Torts and Product Liability

When someone suffers injury because of another's failure to live up to a required duty of care,negligence occurs.

Recharge Corporation makes batteries.Sol is injured when the Recharge battery in his phone bursts into flame.In Sol's product liability suit against the maker,alleging a design defect,the court may consider

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

Foreseeability is the test for proximate cause.

The elements of an action in strict product liability include that a plaintiff must incur harm by the use or consumption of a product.

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home.If Opal brings a successful tort action against the truck's owner for gross negligence,she may be awarded punitive damages to

Don interferes with the business interests of Erin in a way not permitted by law,and Erin's business is harmed as a result.To be liable to Erin for the commission of an intentional tort,Don must have

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.

Dian enters a car race,knowing that there is a risk of being injured in a crash.Dian assumes

In most states,a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

EZ Co-op Inc.sells Fill-Up cattle feed to ranchers.Gina buys and feeds Fill-Up to her herd.The feed is poisoned.Gina sues EZ for product liability based on negligence.To win,Gina must show

A false statement about a person's business can give rise to liability for defamation.

Baby Things Inc.makes and sells a crib to Cara.Baby Things fails to exercise "due care" to make the crib safe,and Cara's child Dua is injured as a result.Baby Things is most likely liable for

A seller who introduces into commerce a harmful or defective product may be subject to a tort action for strict liability.

It is the motive behind the intent-not the intent-that is important in tort law.

To maintain an action in strict product liability,the plaintiff must show why and how the product became defective.

Mai is struck and injured when the brakes fail on Novi's all-terrain vehicle (ATV),which is damaged in the collision.Off-Road Inc.sold the ATV to Novi.Under product liability laws,Off-Road could be liable to

In a successful tort suit,an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.

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