Exam 3: Tort Law and Product Liability

Bona fide competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys igniters, tubing, and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strictly liable for any damage caused by the defects​

Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for​

Sellers are required to take precautions against every conceivable misuse of a product.

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue​

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

Assumption of risk can never be used as a defense in a product liability action.

Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of​

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider​

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

As a defense to product liability, comparative negligence completely absolves a defendant of liability.

Disparagement of property is a general term for the specific tort of appropriation.

Some states limit the application of strict product liability to situations involving personal injuries.

To successfully assert a design defect, a plaintiff has to show that no reasonable alternative design was available.

SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except​

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because​

Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to​

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of​