Deck 42: Torts and Products Liability

Question 1

An intentional tort is one in which the tortfeasor is willful in bringing about a particular event that causes harm to another party. Willful conduct is intentional behavior directed by an individual's free will.

Answer 1

True

Question 2

Strict liability torts, in which a tortfeasor may be held liable for an act by proving intent or willfulness, apply primarily in cases of defective products and abnormally dangerous activities.

Answer 2

False

Question 3

Strict liability is rooted in the notion that the general public does not benefit when liability is imposed on those who engage in certain activities that result in harm to another party, even if the activities are undertaken in the most careful manner possible.

Answer 3

False

Question 4

Modern products liability law protects not only the actual purchaser, but also any ultimate users that are harmed by the product's defect. In a products liability case, the injured party may pursue a legal remedy against the seller under one of three theories: (1) negligence, (2) warranty, or (3) strict liability.

Question 5

A tort is a __________ wrong in which one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.

A) federal
B) dangerous
C) civil
D) criminal

Question 6

While criminal statutes are intended to punish and deter the wrongdoer, the common law of torts is primarily intended to provide __________ for the victim.

A) nothing
B) jail time
C) compensation
D) privilege

Question 7

Tort law and products liability law set out certain conduct and standards of __________ and provide legal recourse when a violation of those standards results in an injury causing losses.

A) reasonableness
B) due course
C) criminal conduct
D) All of the choices are correct.

Question 8

The ALI has amended the Restatement of Torts:

A) one time
B) two times
C) three times
D) four times

Question 9

Courts __________ any of the Restatements, but they do recognize them as widely applied principles of law.

A) must utilize
B) are bound by
C) are not bound by
D) None of the choices are correct.

Question 10

__________ laws are typically a blend of state common law and state statutory law.

A) Criminal liability
B) Common law liability
C) Products liability
D) Immunity liability

Question 11

An __________ is one in which the tortfeasor is willful in bringing about a particular event that causes harm to another party.

A) opulent tort
B) unwillful tort
C) intentional tort
D) unintentional tort

Question 12

__________ is an accidental (without willful intent) event that causes harm to another party.

A) Negligence
B) A crime
C) Strict liability
D) An intentional tort

Question 13

Danny is the delivery driver for Ding-Dong Pizza, Inc. While making a delivery, he spots his ex-girlfriend crossing the street, so he accelerates his truck and hits her. In this case, Danny has committed an intentional tort (battery). If, on the other hand, Danny is late for his delivery, carelessly speeds around a turn, and accidentally hits a pedestrian crossing the street, he has committed the tort of:

A) defamation.
B) strict liability.
C) negligence.
D) abnormally dangerous activities.

Question 14

The __________ of a trial is where the court splits the trial into two parts so as to render a judgment on a set of legal issues.

A) trifurcation
B) separation
C) bifurcation
D) None of the choices are correct.

Question 15

Under certain circumstances a person or entity can be held responsible for the tortious acts of another. This is called __________ liability.

A) transferred
B) secondary
C) vicarious
D) commensurate

Question 16

Defamation is a false statement that is directed specifically at a party, company, or product; is aired to a __________ party; and results in pecuniary harm to the victim.

A) first
B) second
C) third
D) All of the choices are correct.

Question 17

A victim of fraud must show __________ misrepresentation by the tortfeasor of a material fact, reliance on that fact, and damages resulting from that reliance.

A) intentional
B) unintentional
C) material
D) minor

Question 18

False imprisonment is a/an __________ tort unless the tortfeasor is a merchant who temporarily and reasonably detains a suspected thief.

A) intentional
B) unintentional
C) material
D) minor

Question 19

A common defense to false imprisonment is:

A) knowing your captor
B) a third party's possession of a weapon
C) a reasonable means of escape
D) All of the choices are correct.

Question 20

One may defend against a false imprisonment claim by:

A) legal arrest
B) shopkeepers privilege
C) restraining a minor
D) All of the choices are correct.

Question 21

In cases in which the injured party's conduct has played a factor in the harm suffered, the Restatements allow the tortfeasor to assert the defense of __________ negligence.

A) minor
B) competitive
C) comparative
D) contrary

Question 22

This defense requires a jury to divide up the proportion of negligence committed by the parties in terms of percentage:

A) minor
B) contributory negligence
C) comparative negligence
D) contrary negligence

Question 23

When an injured party knows that a substantial and apparent risk is associated with certain conduct, and the party goes ahead with the dangerous activity anyway, the Restatements allow the tortfeasor to assert the defense of:

A) tortfeasor immunity
B) assumption of the risk
C) qualified privilege.
D) All of the choices are correct.

Question 24

A tortfeasor may assert the defense of assumption of the risk so long as:

A) the activities were considered to be "inherently dangerous"
B) voluntary participation by the injured party
C) knowledge of the risk by the injured party
D) All of the choices are correct.

Question 25

The Restatements provide for liability in certain cases where neither intent nor negligence need be proved known as:

A) unintentional torts
B) intentional torts
C) strict liability torts
D) absolute torts

Question 26

Strict liability is recognized in the Restatements for:

A) intentional conduct
B) defective products
C) qualified privilege
D) None of the choices are correct.

Question 27

The Restatements set out a/an __________-factor test to determine whether abnormally dangerous activities trigger strict liability for any harm caused by the activity.

A) 2
B) 4
C) 6
D) 8

Question 28

A traditional defense to products liability may include:

A) trading the product
B) selling the product
C) misuse of product
D) None of the choices are correct.

Question 29

Jimmy uses a bowl in a microwave multiple times even though the bowl manufacturer specifically warns the bowl should only be used one time. The third time he used the bowl, Jimmy received third degree burns after grabbing it out of the microwave. Will Jimmy be able to recover?

A) Yes, unless he has used a similar bowl, multiple times in the past
B) Yes, unless he has used the same brand bowl, multiple times in the past
C) No, because Timmy did not use the bowlaccording to the directions
D) No, because he misused and/or abused the product