Exam 6: Torts and Strict Liability

If a defendant makes an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party,the defendant is held liable for misappropriation of the right to publicity.

Ruggers is a maker of a range of highly popular cruise motorcycles.Tim buys a Ruggers motorcycle from a dealership and suffers an accident.While recuperating from his injuries,he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years,owing to a previously unknown defect in their braking systems.Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages.The defect in the motorcycle is found to be half responsible for the accident,while Tim's own negligence of traffic rules contributed to the rest.Under the doctrine of contributory negligence,what would be the ruling of the court hearing this case?

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

________ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

________ is the making of false statements about a competitor's products,services,property,or business reputation.

Which of the following torts constitutes battery?

A lawyer who fails to file a document with the court on time,causing the client's case to be dismissed,is liable for legal malpractice.

Allenby Spares,Inc.is a shop that sells spare automotive parts from various manufacturers.A customer buys a faulty brake manufactured by TurboDiezel,Inc.from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle.Which of the following is true in this situation?

A defendant who has not been negligent but who is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover its losses.

Mary was getting a ride home in John's new car.On the way,a malfunctioning brake caused an accident and both Mary and John were injured.Which of the following statements is true of this situation?

Monica told a prospective patient that a certain cosmetic surgeon had been banned from practicing by the American Medical Council,but this is untrue.Is Monica liable for prosecution? Why?

________ is a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Res ipsa loquitur switches the burden to the plaintiff to prove that the defendant was negligent.

Betty buys a lawnmower,manufactured by FlatPlanes,Inc. ,from Harvey's department store.A defect in the design of the blades causes the lawnmower to kick back on operation,injuring Betty.Which of the following remedial actions is Betty entitled to?

________ is a tort doctrine that makes manufacturers,distributors,wholesalers,retailers,and others in the chain of distribution of a defective product liable for the damages caused by the defect,irrespective of fault.

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular.The pacemaker is manufactured by Benford,Inc.In this case,Dr.DeBenedetto,the surgeon,is considered as the dominant element.In the event that the pacemaker fails to function as expected after the surgery,who would be strictly liable for its failure?

A threat of future harm or moral pressure is not considered false imprisonment.

Making false statements about a competitor's products,services,property,or business reputation could make a company liable for ________.

The intentional confinement or restraint of another person without authority or justification and without consent is called ________.

The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.