Deck 5: Torts and Product Liability

Question 1

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

Answer 1

False

Question 2

Any time that one party's allegedly wrongful conduct causes injury to another,an action may arise under the law of torts.

Answer 2

True

Question 3

A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.

Answer 3

True

Question 4

A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

Question 5

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

Question 6

When an award of punitive damages is grossly excessive,it furthers no legitimate purpose and violates due process requirements.

Question 7

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

Question 8

Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud.

Question 9

If an owner consents to the taking of his or her property,a failure to return it cannot be a tort.

Question 10

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

Question 11

Defamatory statements made via the Internet are not actionable because they are protected by the First Amendment's guarantee of freedom of speech.

Question 12

Attributing to a person an act of misconduct not actually perpetrated by that person can be the basis of liability in an action for invasion of privacy.

Question 13

For the purpose of tort liability,intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

Question 14

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.

Question 15

A business cannot use puffery without liability for fraudulent misrepresentation.

Question 16

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

Question 17

To gain a share of a market,a businessperson can interfere in another's business,even if the behavior is predatory.

Question 18

Taking personal property from its owner,without permission or just cause,is trespass-retaining it is conversion.

Question 19

A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

Question 20

In deciding whether conduct is sufficiently outrageous to support an action for infringement of emotional distress,a court looks at the pattern of the conduct.

Question 21

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.

Question 22

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

Question 23

Lyn is injured when a part of a building ledge breaks free and strikes her.If Lyn brings a successful tort action against the building's owner,she may be awarded special damages to compensate her for

A) monetary losses,such as medical expenses.
B) nonmonetary aspects of the harm suffered,such as pain and suffering.
C) egregious or reprehensible conduct by the defendant.
D) all of the choices.

Question 24

Foreseeability is the test for proximate cause.

Question 25

Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is

A) contemptuous.
B) an opinion.
C) true.
D) false.

Question 26

Liability for injuries based on proportionate negligence is allowed by most states.

Question 27

Marco is harmed when Nell defames him.If Marco brings a successful tort action against Nell,he may be awarded general damages to compensate him for

A) monetary losses,such as lost wages and benefits.
B) nonmonetary aspects of the harm suffered,such as loss of reputation.
C) the defendant's reckless disregard of the effect on the life of another.
D) all of the choices.

Question 28

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

Question 29

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

A) compensate for her total losses.
B) put her into the same position she would have been in if the tort had not occurred.
C) punish the defendant and deter others from similar wrongdoing.
D) all of the choices.

Question 30

A business firm has a duty to exercise reasonable care to protect its business invitees.

Question 31

In a product liability suit based on a design defect,a manufacturer is liable only when the harm was not reasonably preventable.

Question 32

Those who do not make goods,but only sell or lease them,cannot be held liable for harm caused by those goods to a consumer.

Question 33

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

Question 34

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

A) intended to commit the act.
B) intended to harm Erin's business.
C) acted with an evil motive.
D) acted with a harmful motive.

Question 35

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

Question 36

Proximate cause exists if "but for" a wrongful act,an injury would not have occurred.

Question 37

The standard of reasonable care for a professional is the same as that of an ordinary person.

Question 38

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

Question 39

A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas.

Question 40

Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury.

Question 41

Ivy slips and falls on the deck of Jet's Tour Boat and is injured.She incurs medical expenses of $500,000,and files a suit against Jet to recover.Under the "50 percent" rule,if Ivy is more than 50 percent at fault,she will recover

A) nothing.
B) half of the expenses.
C) the amount of the expenses attributable to Jet's fault.
D) the entire amount of the expenses.

Question 42

In an online blog,Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients.If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense,Oren is most likely liable for

A) contempt.
B) malice.
C) libel.
D) slander.

Question 43

Ichiro is injured in a two-car accident and sues Heather,the driver of the other vehicle,alleging negligence.Heather claims that Ichiro was driving more carelessly than she was.Comparative negligence may reduce Ichiro's recovery

A) even if Ichiro was only slightly at fault.
B) only if Ichiro and Heather were equally at fault.
C) only if Ichiro was less at fault than Heather.
D) only if Ichiro was more at fault than Heather.

Question 44

In a phone call to Lou,Mia makes statements about Nye that injures Nye's reputation.If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense,Mia is most likely liable for

A) contempt.
B) malice.
C) libel.
D) slander.

Question 45

Ricard,an engineer,supervises the construction of a new mountainside roadway.The road collapses in a landslide due to faulty grading.Motorists injured in the collapse sue Ricard in a tort action for negligence.Under that theory,as a professional,Ricard is held to the same standard of care as

A) ordinary persons.
B) other engineers.
C) other professionals,including doctors,dentists,and lawyers.
D) those injured in the collapse of the bridge.

Question 46

DIY,a retail hardware store,must use reasonable care on its premises to warn its invitees of

A) all possible dangers.
B) hidden dangers.
C) dangers about which the business does not,or should not,know.
D) no dangers.

Question 47

Without Data Corporation's consent,Elias hacks into the firm's computers and downloads trade secrets and other confidential information.Most likely,Elias is liable for the tort of

A) trespass to land.
B) conversion.
C) appropriation.
D) battery.

Question 48

Cato is driving a car in which Diego is a passenger when an accident occurs.Diego is not injured.In Diego's tort action against Cato for negligence,Cato can most likely assert as a successful defense that

A) Diego breached his duty to warn the driver of the impending accident.
B) Cato did not intend to cause an accident.
C) the risk of a car accident was foreseeable.
D) Diego was not injured.

Question 49

To make a sale,Fran tells Gio that her Hyundai Kia has never been in an accident.This may give rise to an action for fraud if the statement is

A) puffery.
B) fact.
C) false.
D) opinion.

Question 50

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's.This is

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

Question 51

Hal posts online secretly recorded videos of Ida,and includes her name,address,phone number,and Facebook page.Most likely,Ida could bring a successful tort action against Hal for

A) invasion of privacy.
B) defamation.
C) assault.
D) wrongful interference.

Question 52

Trespass to land is committed if,without the permission of the property owner,a person

A) enters the property to assist someone in danger.
B) causes water to back up onto the property.
C) has a revocable license to come onto the property.
D) all of the choices.

Question 53

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

A) Novi,but not Mai.
B) Mai,but not Novi.
C) none of the parties.
D) Mai and Novi.

Question 54

Bix backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as

A) a blameless person.
B) a faultless person.
C) an objective person.
D) a reasonable person.

Question 55

Excavation,Inc. ,uses explosives to prepare land for construction projects.Strict liability is imposed on this activity because

A) Excavation is a corporation.
B) the activity is inherently negligent.
C) the activity is extremely risky.
D) the amount of liability can be added to the costs of construction.

Question 56

Ness,a broker,advises Ollie to invest in Penny Stock Inc.When the share price of Penny's stock drops,Ollie accuses Ness of fraud,claiming reliance on the broker's advice.The reliance that gives rise to liability for fraud requires

A) an expectation of financial gain.
B) a misrepresentation of a fact knowing that it is false.
C) puffery.
D) a statement communicated to at least one person other than the plaintiff.

Question 57

Errol works for Food Packing Company.Errol's supervisor Gwen writes a negative review of Errol's performance.Gwen believes the statements are true,and limits their communication to the firm's management.In a tort action for defamation,Gwen can most likely assert as a successful defense

A) none of the choices.
B) malice.
C) contempt.
D) privilege.

Question 58

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc.Most likely,Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for

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

Question 59

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.

Question 60

Dylan applies for a position with Electrical Works LLC.Dylan's previous employer,Federal Circuits Inc. ,gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue.This is

A) defamation.
B) not defamation because Dylan was employed by Federal Circuits.
C) not defamation because Dylan was not employed by Electrical Works.
D) not defamation because the review was not published.

Question 61

Cold Play Corporation makes snowmobiles.Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving,and he is thrown off.Esty,a hiker standing in the path of the unmanned vehicle,is struck and injured.In a suit based on strict product liability,Cold Play may be liable to

A) Dale and Esty.
B) Dale only.
C) Esty only.
D) none of the parties.

Question 62

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

A) why the feed was poisoned.
B) how the feed became poisoned.
C) that the feed caused her damage.
D) all of the choices.

Question 63

Motor Corporation (MC)makes cars and trucks.National Sales Company sells all MC vehicles.Open Road Inc.leases only the cars.Under product liability laws,liability for injuries or damage caused by an MC vehicle may be imposed on

A) MC only.
B) none of the parties.
C) MC or National Sales only.
D) MC,National Sales,or Open Road.

Question 64

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) Recharge's knowledge of the uses of its battery.
B) Recharge's share of its market.
C) Recharge's advertising.
D) an available alternative design.

Question 65

Airsoft,Inc.makes toys.Airsoft intentionally mislabels its packaged products to conceal a defect.Trusting and relying on the mislabeling,Bing buys an Airsoft product and suffers an injury.Airsoft is most likely liable for

A) product misuse.
B) fraud.
C) privity of contract.
D) comparative negligence.

Question 66

Cultivator Inc.designs and makes tractors,balers,and other farm equipment.In a product liability suit based on negligence,Cultivator could be liable for failing to exercise due care with respect to all of the following except

A) the inspection of components purchased to use in the equipment.
B) the selection of materials used to make the equipment.
C) the assembly and testing of the equipment.
D) the growth of the equipment's sales.

Question 67

Steps & Rungs Inc.makes ladders.Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability.To win,Ty must show that

A) Ty bought the ladder from Steps & Rungs.
B) all of the choices.
C) the ladder was in a defective condition when Steps & Rungs sold it.
D) Ty is normally engaged in the business use of ladders.

Question 68

Data Analytics,Inc. ,and eProducts Corporation market competing software products.Data Analytics launches an ad 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?

Question 69

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

A) fraud.
B) misrepresentation.
C) negligence
D) strict liability.

Question 70

Insulate Inc.makes and sells fire-retardant building materials.In a product liability suit against Insulate,a court would use a risk-utility analysis of the company's product as designed to determine whether

A) a risk of harm outweighs the products' utility to the users and the public.
B) the product performed as a consumer would reasonably expect.
C) the product is as useful and as risky as the public expects.
D) the risk of return on investment in the product supports its utility.

Question 71

Do-It-Rite Inc.makes and markets tools.Evan uses a Do-It-Rite power screwdriver to scrape grout-a purpose for which it was not intended-and is injured when the tool slips.Evan files a product liability suit against the maker.The defendant's best defense is most likely

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

Question 72

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?