Question 1

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider​

Accepted Answer

A)  the assumptions of Wideload.
B)  the identity of Wideload's owner.
C)  the intentions of Wideload.
D)  the expectations of the ordinary consumer. D

Question 2

Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded​

Accepted Answer

A)  compensatory damages.
B)  punitive damages.
C)  contingency fees.
D)  none of the choices. A

Question 3

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?​

Accepted Answer

To recover on the ground of negligence, Fazio must show that Express Delivery owed him a duty of care, that Express Delivery (through Dixie) breached that duty, that Fazio was injured, and that Express Delivery's breach caused that injury.
There is no question that in operating the truck, Dixie was acting on Express Delivery's behalf and that her actions breached the duty of reasonable care necessary to park the truck. Also, Fazio was injured by a crane falling on him, not by his own negligence. Liability turns on whether Fazio can connect Dixie's breach of duty to his injury. Fazio must show that the chain of events was a foreseeable result of Dixie's carelessness. The issue of foreseeability is determined by the test of proximate cause, the connection needed for Fazio's recovery of damages.

Question 4

Elise, an emergency medical technician renders aid to a participant in Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under​

Accepted Answer

A)  no circumstances.
B)  the doctrine of res ipsa loquitur.
C)  the "danger invites rescue" doctrine.
D)  an applicable Good Samaritan statute.

Question 5

An action in strict product liability requires that the product be in a defective condition when the defendant sells it.

Accepted Answer

A) True 
 B)False

Question 6

For fraud to occur, seller's talk must be involved.

Accepted Answer

A) True 
 B)False

Question 7

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are​

Accepted Answer

A)  avoidable by an alternative design.
B)  foreseeable.
C)  contrary to the instructions for the use of the product.
D)  obvious.

Question 8

​Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

Accepted Answer

A) True 
 B)False

Question 9

Defense of others is a defense to an allegation of assault.

Accepted Answer

A) True 
 B)False

Question 10

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for​

Accepted Answer

A)  trade libel.
B)  conversion.
C)  fraudulent misrepresentation.
D)  no tort.

Question 11

Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for​

Accepted Answer

A)  appropriation.
B)  no tort.
C)  conversion.
D)  wrongful interference with a business relationship.

Question 12

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for​

Accepted Answer

A)  assumption of risk.
B)  commonly known danger.
C)  negligence.
D)  product misuse.

Question 13

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an advertising campaign claiming that eProducts, instead of testing software before it is marketed, has customers "test" the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?​

Accepted Answer

The answer of Data Analytics, Inc., and eProducts Corporation market...

Question 14

Under the theory of negligence, the duty of care requires an intentional act.

Accepted Answer

A) True 
 B)False

Question 15

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed​

Accepted Answer

A)  defamation.
B)  no tort.
C)  slander of quality.
D)  slander of title.

Question 16

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she​

Accepted Answer

A)  bought the oven from Good Cookin'.
B)  did not misuse the oven.
C)  suffered an injury caused by the defect.
D)  did not know of the defect.

Question 17

Frieda is working on a construction site when she is injured on the job in the collapse of a Girder Company-made ceiling beam. At the time, Frieda is not wearing a hard hat or any other safety gear. In Frieda's product liability suit against Girder, the company can most successfully raise the defense of​

Accepted Answer

A)  design defect.
B)  inadequate warning.
C)  comparative negligence.
D)  product misuse.

Question 18

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable​

Accepted Answer

A)  if Rosario's did not actually overcharge Stephanie.
B)  if the shove was offensive.
C)  if Stephanie acted out of malice.
D)  under no circumstances-there was no physical injury.

Question 19

Conversion is limited to theft.

Accepted Answer

A) True 
 B)False

Question 20

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

Accepted Answer

A) True 
 B)False

Exam 3: Tort Law and Product Liability

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider​

Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded​

Elise, an emergency medical technician renders aid to a participant in Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under​

An action in strict product liability requires that the product be in a defective condition when the defendant sells it.

For fraud to occur, seller's talk must be involved.

​Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

Defense of others is a defense to an allegation of assault.

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for​

Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for​

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for​

Under the theory of negligence, the duty of care requires an intentional act.

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed​

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she​

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable​

Conversion is limited to theft.

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider

Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded

Elise, an emergency medical technician renders aid to a participant in Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under

Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for

Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable