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Exam 5: Torts and Product Liability

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Question 31

True/False

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A false statement about a person's business can give rise to liability for defamation.

A) True
B) False

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Question 32

Multiple Choice

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Dian enters a car race,knowing that there is a risk of being injured in a crash.Dian assumes

A) only those risks that she agrees to assume.
B) no risk in this situation.
C) any risk-contemplated or not-associated with the race.
D) the risk of being injured in a crash.

E) All of the above
F) C) and D)

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Question 33

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Baby Things Inc.makes and sells a crib to Cara.Baby Things fails to exercise "due care" to make the crib safe,and Cara's child Dua is injured as a result.Baby Things is most likely liable for

Don interferes with the business interests of Erin in a way not permitted by law,and Erin's business is harmed as a result.To be liable to Erin for the commission of an intentional tort,Don must have

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

In a successful tort suit,an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.

Recharge Corporation makes batteries.Sol is injured when the Recharge battery in his phone bursts into flame.In Sol's product liability suit against the maker,alleging a design defect,the court may consider

A seller who introduces into commerce a harmful or defective product may be subject to a tort action for strict liability.

When someone suffers injury because of another's failure to live up to a required duty of care,negligence occurs.

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.

EZ Co-op Inc.sells Fill-Up cattle feed to ranchers.Gina buys and feeds Fill-Up to her herd.The feed is poisoned.Gina sues EZ for product liability based on negligence.To win,Gina must show

To maintain an action in strict product liability,the plaintiff must show why and how the product became defective.

Foreseeability is the test for proximate cause.

It is the motive behind the intent-not the intent-that is important in tort law.

A person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product.

In most states,a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

The elements of an action in strict product liability include that a plaintiff must incur harm by the use or consumption of a product.

Meg is shopping in Nate's Hardware Store when a nail gun in use by Ovid,one of the store's employees,fires without warning and hits Meg in the leg.Nate checks the gun and discovers that it was assembled improperly.Meg files a suit against Power Tools Inc. ,the maker of the gun,on the ground of strict product liability.What are the elements for an action based on strict product liability? In whose favor is the court likely to rule and why?

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home.If Opal brings a successful tort action against the truck's owner for gross negligence,she may be awarded punitive damages to

Mai is struck and injured when the brakes fail on Novi's all-terrain vehicle (ATV) ,which is damaged in the collision.Off-Road Inc.sold the ATV to Novi.Under product liability laws,Off-Road could be liable to