Exam 3: Tort Law and Product Liability

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except​

Arrow Straight Corporation makes archery supplies. While using an Arrow Straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley, another archer standing by is also injured. In a product liability suit based on strict product liability, Arrow Straight may be liable to​

Shelby owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury​

The brakes on Dirk's Tour de Valle bicycle malfunction, but he continues to ride it because he likes the thrill of the unstoppable acceleration. One night, enjoying a fast downhill pace, he speeds through a stop sign and is struck by a truck. In Dirk's suit against Tour de Valle, the bike maker can raise the defense of​

To support the imposition of strict product liability, a product must be substantially changed from the time it is sold to the time an injury occurs.

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is​

Specifically targeting the customers of a competitor is always a legitimate business practice.

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is​

A design defect will support the imposition of liability on a strict product liability basis.

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and​

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

In making and marketing tools and other do-it-yourself home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions against​

Marcos wants to buy Lucia's land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is​

To avoid product liability, a manufacturer must exercise due care in selecting its materials and using the appropriate production process.

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​

Custom Ceramics Corporation makes ceramic products for commercial uses, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Duramold Plastics, Inc., liability may be imposed on Custom Ceramics if the tiles sold to Duramold were​

Tort law provides remedies for acts that cause the destruction of or damage to property.

A defamatory statement must be communicated to a third party to be actionable.

Under the doctrine of strict liability, liability is imposed only if a person fails to use all reasonable care.

Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.