Exam 7: Business Torts and Product Liability

Experts estimate the annual cost of the tort system at:

Strict liability in tort was applied to food and drink first because of the promises of safety made by the sellers on the labels of their products.

One well-known business torts is:

A company cannot be a defendant in a tort suit since a firm is not a natural person.

Common defenses in strict liability cases are product misuse or assumption of risk.

HMA, operator of a hospital, contracted with Emcare to provide emergency medical services to the hospital. Emcare hired Dr. Hamby as an emergency medical physician on a one-year contract. Hamby argued with the manager of HMA about its billing procedure and Hamby was fired by Emcare before the year ended. The appeals court held that Hamby:​

Negligence is:

The tort of misrepresentation can be based on:

If Company A runs an aggressive advertising campaign that tells customers why they should quit doing business with Company B and do business with A instead, B will be able to sue A for interference with a prospective advantage.

The ____ relieves a manufacturer of liability for failing to warn of a product's characteristics or dangers when "the end user knows or reasonably should know of a product's dangers"

The case that led in adopting a general rule imposing strict liability in tort was:

The Restatement (Third) of Torts on product liability says that when considering a defective product the courts should use:

Retired pesticide workers develop brain tumors. Evidence shows all were exposed to the chemical Kudzu. Kudzu has been around for 30 years, and this is the first sign of a problem with the product. In a lawsuit against the producer of Kudzu, the workers will likely:

The elements of the tort of interference with a prospective advantage (relationship) include:

A(n) ____ warranty is one the manufacturer contractually provides to the consumer.

The amount of money involved in asbestos liability litigation is at least:

HMA, operator of a hospital, contracted with Emcare to provide emergency medical services to the hospital. Emcare hired Dr. Hamby as an emergency medical physician on a one-year contract. Hamby argued with the manager of HMA about its billing procedure and Hamby was fired by Emcare before the year ended. The appeals court held that Hamby:​

The Restatement (Third) of Torts refers to strict liability in tort as:

In liability cases claiming a design defect, the plaintiff argues that the product was so poorly manufactured at the plant that it caused the plaintiff's harms.

In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held MacPherson could sue Buick because: