Exam 10: Torts and Products Liability

To which of the following would a dram shop law apply?

Physical harm or injury is required to prove a case of intentional infliction of emotional distress.

Courts are bound by the Restatement of Torts, once it is published.

A commercial airliner flying across the Atlantic Ocean suddenly disappears from radar. There is no inclement weather, nor were there any other planes in the area. Nothing at all showed on radar at the time the plane disappeared. A day later, a fishing boat reported debris from an airplane, and investigators determined that the plane crashed into the ocean. There were no survivors. The plane itself is now 2 miles under water, and only small floating objects remain. The "black box" that might provide evidence is in the fuselage 2 miles down and is not recoverable. Further investigation shows that the plane had all proper maintenance, with no problems or concerns, and that the flight crew was experienced, sober, and rested prior to the flight. Karl's wife was a passenger on the plane, and he wants to sue. How can he successfully bring a lawsuit for negligence?

Assume that Iowa has passed a law requiring that anyone riding or operating a motorcycle wear a helmet. Mary enters Iowa Harley-Davidson and wants to take a test ride. She doesn't have a helmet with her and the dealership doesn't have one available in her size, so the proprietor lets her go without one. If she crashes and is injured, the proprietor has committed negligence per se.

Which of the following scenarios would most likely result in strict liability?

Bill is a technician at a university chemistry lab and is in charge of safety inspections and prevention of injury due to faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an "OUT OF ORDER/DO NOT USE" sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill's negligence is based on:

Mike has admired Monica for a long time and has wanted to date her but is too shy around girls to ask. He is a football player with a reputation of being the toughest player on the team. Monica is scared of Mike because of his size and reputation. One day Mike summons the courage and approaches Monica, who has her back to him and doesn't know he's there. He puts his arms around her and gives her a gentle kiss before letting go. He can't believe what he did, apologizes, and runs away. Monica is slightly shaken but physically unharmed. Mike has committed:

Joe wants to propose to Rhonda and goes to a jewelry store to purchase an engagement ring. After college, Joe had worked as a jeweler while going to law school, and he is now an attorney. He still remains knowledgeable regarding the jewelry industry. In the jewelry store the owner listens to what Joe wants, and he takes a diamond ring from a showcase. The jeweler tells Joe that it's a class AAA perfect blue-white stone in a platinum setting and the price is $5,000. Joe, without indicating his jewelry knowledge, asks to use the jeweler's loupe (eyepiece) and, upon inspection, sees that it's a class AA yellow-white diamond with three minor flaws. He furthermore realizes that the ring is worth only $4,000. The ring is beautiful, so he decides he'd like to buy it. He asks if the price is negotiable, and the jeweler offers a sale at $4,500. They settle on $4,300. When Joe proposes, his girlfriend says no. Dejected, Joe seeks to return the diamond ring but the jeweler refuses, so Joe sues the jeweler for fraudulent misrepresentation. Who wins and why?

Brad is drunk and driving his car 20 miles over the speed limit. He hits Angelina, who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing.

Which of the following is not a general category of torts?

Under concepts articulated in MacPherson v. Buick, a manufacturer of a defective product is liable only to the purchaser of the product and not to every user.

The Communications Decency Act of 1996:

Define the negligence defenses of contributory negligence and comparative negligence, and explain how they differ.

Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school. The students are actually as qualified as any other students admitted to the school. The students may sue Professor Smith for slander.

Name the various categories of torts, and explain the essential differences between them.

A commercial airliner crashed in the middle of the Atlantic. The cause of the crash has been proved to be a wrongly installed part in one of the engines during routine maintenance. If a negligence lawsuit is brought against the airline, it will be based on:

Which of the following is not a situation in which strict liability applies?

________ is typically defined as intentionally committing a wrongful act with intent to harm.

When Ford runs a commercial stating that Fords are better than Chevrolets and that "you'll be happier if you buy a Ford," Ford is committing trade libel.