Deck 6: Torts and Product Liability

Question 1

To commit the tort of trespass to land, a person must harm the land.

Answer 1

False

Question 2

Business owners have no duty to exercise reasonable care to protect invitees.

Answer 2

False

Question 3

A superseding cause is an intervening event that imposes liability on a de?fendant for injuries caused by the intervening event.

Answer 3

False

Question 4

Defamation involves wrongfully hurting a person's good reputation.

Question 5

An unauthorized scan of a bank account cannot be an invasion of privacy.

Question 6

A battery occurs only if the victim suffers actual physical harm.

Question 7

A person assumes all risks associated with any activity in which he or she participates.

Question 8

In theory, causation in fact is limitless.

Question 9

A person may commit an intentional tort if he or she acts knowing with substantial certainty that certain consequences will result.

Question 10

False imprisonment is a tort only if the confinement or restraint is justified.

Question 11

Unintentionally causing a party to break a contract may constitute wrong?ful interference with a contractual relationship.

Question 12

Most states regulate spam.

Question 13

One requirement for a suit based on strict liability is the determination of precisely which party was at fault.

Question 14

The degree of care to be exercised in a situation can vary with a person's profession or occupation.

Question 15

One characteristic of an abnormally dangerous activity is that it involves a low degree of risk.

Question 16

There is no defense (except innocence) to a charge of conversion.

Question 17

Federal law allows the use of unsolicited commercial e-mail.

Question 18

Slander involves the oral communication of defamatory language.

Question 19

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

Question 20

An ordinary person standard determines whether allegedly negligent con?duct resulted in a breach of a duty of care.

Question 21

To succeed in a strict product liability suit, an injured plaintiff must show that a product's defect was the proximate cause of the injury.

Question 22

A manufacturer cannot be liable in product liability for intentionally misrepresenting the character of quality of goods.

Question 23

An inadequate warning is not a product defect that will support the imposition of liability on a strict product liability basis.

Question 24

To support the imposition of strict product liability, a product must be substantially changed from the time it is sold to the time an injury occurs.

Question 25

One requirement for a product liability suit based on negligence is a failure to exercise reasonable care.

Question 26

Quinn, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quinn is liable for conversion

A) if he damages the computer.
B) if he does not have a good reason for taking the computer.
C) if he fails to prevent a theft of the computer from his possession.
D) under any circumstances.

Question 27

A product liability action may be based on a misrepresentation theory.

Question 28

Ron, the manager of Sav-Mart Discount Store, detains Tina, whom Ron suspects of shoplifting. Tina sues Ron, alleging that the detention was false imprisonment. Ron is liable if Tina

A) did not actually shoplift.
B) had not shoplifted in the past.
C) had probable cause to leave the premises.
D) was detained for an unreasonably long time.

Question 29

A statute of repose may limit the time within which a plaintiff can file a product liability suit.

Question 30

A manufacturer's liability to an injured party on a strict product liability theory can be virtually unlimited.

Question 31

The basis for applying strict liability is an intentional wrongful act.

Question 32

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

Question 33

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

A) delusion.
B) fact.
C) illusion.
D) opinion.

Question 34

A manufacturer's liability to an injured party on a strict product liability theory is limited to a refund or a replacement of the defective product.

Question 35

In many states, the plaintiff's negligence is a defense that may be raised in a product liability suit based on strict liability.

Question 36

A public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business.

Question 37

Bill enters onto Cindy's property to help Donna, who is in danger. Cindy charges Bill with trespass to land. Bill has

A) a complete defense.
B) a partial defense.
C) a possible defense.
D) no defense.

Question 38

A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product.

Question 39

Concept Computers, a computer store, takes unethical steps to divert the customers of Digit All Goods, an adjacent competing store. Concept may be liable for

A) appropriation.
B) wrongful interference with a business relationship.
C) wrongful interference with a contractual relationship.
D) none of the choices.

Question 40

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

Question 41

Will enters the Xtreme Decathlon, an athletic competition, an event in which Will has competed before. Regarding the risk of injury, Will assumes

A) all of the risks associated with the event.
B) only the risks different from those normally associated with the event.
C) only the risks greater than those normally associated with the event.
D) only the risks normally associated with the event.

Question 42

A state statute requires machinery in food processing plants to include automatic shut-off switches accessible to each employee working on the ma?chine. Fruit Company's (FC's) equipment does not have the switches. Greg, an FC employee, suffers an injury that an accessible shut-off switch would have prevented. Greg's best ground for recovery is that FC committed

A) a dram shop act.
B) a violation of the "danger invites rescue" doctrine.
C) negligence per se.
D) res ipsa loquitur.

Question 43

Beta Services (BS) is an Internet service provider. On a BS online bulletin board, Carl, a BS customer, posts a defamatory remark about Delta Company. Delta could successfully file a suit against

A) BS only. b BS or Carl.
C) Carl only.
D) neither BS nor Carl.

Question 44

Lola files a suit against Mac, a medical doctor, alleging negligence. As a physician, Mac is held to the standard of

A) an average human being.
B) a reasonable person.
C) a reasonable physician.
D) a typical professional.

Question 45

Reilly makes a misrepresentation to Sonny, a consumer, who buys Reilly's product. In using the product, Sonny suffers an injury. To serve as a basis for recovery, the misrepresentation must concern

A) a material fact.
B) a national fact.
C) an ethereal fact.
D) a scientific fact.

Question 46

In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under

A) any circumstances.
B) a Good Samaritan statute.
C) a social host statute.
D) no circumstances.

Question 47

Eve is injured when she slips and falls in Finest Discount Warehouse. Eve files a suit against Finest for $50,000. Under a "pure" comparative negli?gence rule, Eve could recover damages from Finest

A) only if Eve and Finest were equally at fault.
B) only if Eve was less at fault than Finest.
C) only if Eve was more at fault than Finest.
D) whether Eve was less, more, or equally at fault.

Question 48

Steve, a television news reporter, knowingly broadcasts an untrue story claiming that Medi-Drugs, Inc., mar?kets a medicine for children that con?tains highly addictive drugs. Steve is liable for

A) slander of quality.
B) slander of title.
C) wrongful interference with a business relationship.
D) no tort.

Question 49

Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted

A) unrealistically. b unreasonably.
C) unrecognizably.
D) unreliably.

Question 50

GR8 Skates Company makes and sells a pair of skates to Hugh. GR8 fails to exercise "due care" to make the skates safe, and Hugh is injured as a result. GR8 is most likely liable for

A) assumption of risk.
B) knowledgeable use.
C) negligence.
D) product misuse.

Question 51

Ollie transmits unsolicited ads to millions of virtual mailboxes, using misleading and deceptive information, including false return addresses. Under federal law, this is

A) a crime only if the recipients previously asked to be "opted out."
B) a crime only if HHH and the recipients are in foreign jurisdictions.
C) not a crime.
D) a crime.

Question 52

Ida intentionally mislabels her product in order to increase sales. Jay, a consumer, buys Ida's product. In using it, Jay suffers an injury. To recover for the injury on the basis of the misrepresentation, Jay must

A) assume the risk of the misrepresentation.
B) ignore the misrepresentation.
C) not be influenced by the misrepresentation .
D) rely on the misrepresentation.

Question 53

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the

A) cause in fact. b intervening cause.
C) proximate cause.
D) superseding cause.

Question 54

Yard Tool Company makes and leases a backhoe to Zoe. Due to a defect attributable to Yard Tool's negligence, Zoe is injured in an accident in which her neighbor Aron is also hurt. In a product liability suit based on negligence, Yard Tool may be liable to

A) Aron only.
B) no one.
C) Zoe and Aron.
D) Zoe only.

Question 55

Farm Equip, Inc., makes farm?ing machinery. Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that

A) Farm Equip sold the tractor to Gail.
B) Gail knew and appreciated the risk caused by the defect.
C) Gail suffered an injury caused by the defect.
D) the "defect" was a commonly known danger.

Question 56

Sharp Computer Corporation makes hard drives. Tally discovers that her Sharp drive is defective and sues the maker for product liability based on misrepresentation. To win, Tally must show that

A) Sharp sold the drive to Tally.
B) Tally knew and appreciated the risk caused by the defect.
C) Tally relied on the misrepresentation.
D) the "defect" was a commonly known danger.

Question 57

Earth Movers, Inc., uses dynamite to prepare land for highway pro?jects. Strict liability is imposed on this activity because

A) Earth is a corporation.
B) the activity is inherently negligent.
C) the activity is of a dangerous nature.
D) the government pays for highway construction.

Question 58

Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed

A) conversion.
B) disparagement of property.
C) no tort.
D) wrongful interference with a business relationship.

Question 59

In newspaper ads, Super! Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. Super! has most likely committed

A) slander of quality.
B) slander of title.
C) wrongful interference with a business relationship.
D) no tort.

Question 60

Kit carelessly bumps into Luke, knocking him to the ground. Kit has committed the tort of negligence

A) only if Luke is injured.
B) only if Luke is not injured.
C) under any circumstances.
D) under no circumstances.

Question 61

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim. Universal is most likely liable for

A) a commonly known danger.
B) fraud.
C) privity.
D) puffery.

Question 62

Heat Wave, Inc., makes portable heaters. To pay its liability for injuries to consumers harmed by defective heaters, Heat Wave can pass the costs on to

A) consumers in the form of higher prices.
B) other manufacturers of heaters on a theory of market share liability.
C) suppliers in the form of "reverse kickbacks."
D) the government in the form of direct payments.

Question 63

Flo buys a Go! battery that, if used in a Hi-Digital music player, which can be powered only by an IntraChemico battery, may cause the player to explode. Flo is not aware of the danger, Go!'s instructions do not warn of it, and Go! batteries are the same shape as IntraChemico batteries. Flo puts the Go! battery in a Hi-Digital player, which explodes, injuring Flo. Go!'s seller is most likely

A) liable, because Flo's misuse was not the use for which the Go! battery was designed.
B) liable, because Flo's misuse was reasonably foreseeable.
C) not liable, because Flo's misuse was not the use for which the Go! battery was designed.
D) not liable, because Flo's misuse was reasonably foreseeable.

Question 64

Pooltime, Inc., makes aboveground swimming pools, which it sells to Quality Home Stores. Quality Home sells the pools to consumers, including Ron, who lets Sara use his pool. Sara is injured while using the pool. In a product liability suit based on strict liability, Sara may recover from

A) neither Pooltime nor Quality Home.
B) Pooltime only.
C) Pooltime or Quality Home.
D) Quality Home only.

Question 65

Mixing Equipment, Inc. (MEI), makes paint-mixing equipment. Nia is injured by a defective MEI mixer. A statute restricts the time within which, after Nia is injured, she may file a product liabil?ity suit. This is a statute of

A) limitations.
B) preemption.
C) repose.
D) suspension.

Question 66

Orin is injured while using mountain-climbing equipment made by Peaks Pike Corporation. A statute that limits the time within which Orin can file a product liability suit against Peaks, beginning with the date of the equipment's manufacture, is a statute of

A) limitations.
B) preemption.
C) repose.
D) suspension.

Question 67

Kitchen Kutters Corporation (KKC) makes kitchen knives and other consumer products. KKC could be liable for a design defect if there is a foreseeable risk of harm posed by a product and

A) the omission of a warning renders the product not reasonably safe.
B) there is a lack of care in making of the product.
C) there is a reasonable alternative design.
D) there is not a reasonable alternative design.

Question 68

My-T Fine Company makes a surfboard, which it sells to Nature Sports Equipment, a distributor. Nature Sports sells the board to Ocean Store, where Pat buys it. Pat gives it to Quinn, who suffers an injury due a defect in the board. If My-T Fine, Nature Sports, and Ocean Store were not negligent, can they be liable to Quinn for the injury If so, on what basis, and for what reasons

Question 69

Eagle Engineering, Inc., and Fast Code Corporation market competitive software products. Eagle launches an advertising campaign in which Eagle claims that Fast Code, instead of testing its software before it is marketed, has its customers "test" the software by using it. Fast Code knows this is not true but begins to lose sales to Eagle. On what grounds could Fast Code sue Eagle for damage to Fast Code's reputation

Question 70

Infinite Variety Corporation makes products that Jostle Sales Company sells to consumers online, through catalogs, and in retail outlets. Holding makers and sellers strictly liable for the cost of injuries to con?sumers from harmful or defective products is based in part on the policy that

A) consumers are generally careful with the products that they buy.
B) courts are the best forums to determine product liability.
C) makers and sellers would not otherwise be interested in safety.
D) prices can be increased to cover the cost.

Question 71

Digital Systems, Inc. (DSI), makes storage media and other periph?eral computer products. A DSI product may be unreasonably danger?ous due to

A) a defect in its design only.
B) a defect in its design or an inadequate warning.
C) an inadequate warning only.
D) neither a defect in its design nor an inadequate warning.

Question 72

Fun Toyz Corporation makes surfboards, which it sells to con?sumers, including Holly and Ira. Due to a defect, Holly is injured while using her new board. Ira's board has the same defect, but he is not injured. In a product liability suit based on strict product liabil?ity, Fun Toyz may be liable to

A) Holly and Ira.
B) Holly only.
C) Ira only.
D) no one.