Deck 7: Business Torts and Product Liability

Question 1

A description of goods which is made part of the basis of a bargain creates an express warranty that the goods shall conform to the description.

Answer 1

True
Explanation: Any description of goods which is made part of the basis of a bargain creates an express warranty that the goods shall conform to the description.

Question 2

A warranty is simply a non-contract-based guarantee.

Answer 2

False
Explanation: A warranty is simply a contractually based guarantee.If the product does not conform to the standards of the warranty,the contract is violated (breached),and the wronged party is entitled to recovery.

Question 3

Libel generally requires a showing of actual harm.

Answer 3

False
Explanation: Libel,leaving a more permanent stain,generally does not require a showing of actual harm.Libel or slander about a company's products or property often is treated as the tort of injurious falsehood.

Question 4

Intentional torts involve voluntary acts that harm a protected interest.

Question 5

Which of the following statements is true of the tort of negligence?

A)Intent is absent,but because of one party's carelessness,another has suffered injury.
B)It is limited to unreasonably dangerous products and practices.
C)It is a no-fault concept where an individual is responsible for harm without proof of carelessness.
D)The plaintiff needs to show that the harm itself was intended.

Question 6

According to the contributory negligence defense,a plaintiff's recovery is reduced by a percentage equal to the percentage of the plaintiff's fault in the case.

Question 7

Falsely claiming that a competitor's product is defective or harmful might constitute injurious falsehood.

Question 8

Victims of negligence in a product liability case can bring actions against all careless parties in the chain of production and distribution.

Question 9

Conversion is the situation in which enjoyment of one's land is impaired because of some tortious interference.

Question 10

To establish a successful negligence claim,a plaintiff must establish that the defendant owed a duty of due care to the plaintiff.

Question 11

Under strict liability,coverage generally extends to only personal injuries and not property damage.

Question 12

Puffing creates an express warranty.

Question 13

A full warranty requires free repair of any defect.

Question 14

The risk-utility test holds that a product is negligently designed if the benefits of a product's design are outweighed by the risks that accompany that design.

Question 15

Strict liability requires proof of negligence on the part of the defendant.

Question 16

Raising one's hand as if to strike another even though the blow never transpires constitutes the tort of assault if the victim reasonably thought herself to be in immediate danger.

Question 17

Slander is the spoken form of the tort of defamation.

Question 18

In many states,a plaintiff who willingly enters a dangerous situation and is injured will be given a nominal amount as recovery.

Question 19

Torts are civil wrongs that arise from contracts.

Question 20

A showing of res ipsa loquitur requires that the accident ordinarily would not happen absent the defendant's negligence.

Question 21

Ellen informs the sales clerk of an electronics store that she needs washing machines capable of heavy-duty use.The sales clerk sells a machine to Ellen withholding the fact that it is not heavy-duty.The machine break down after the first month.Which of the following is accurate in this scenario?

A)Ellen can sue the store for breach of implied warranty of merchantability.
B)Ellen can sue the store for breach of implied warranty of fitness for a particular purpose.
C)Ellen cannot sue the store as there is no breach of warranty because the clerk made no affirmative statement or promise about the machines.
D)Ellen cannot sue the store as there is no breach of warranty because the clerk has no responsibility for the way the machine is used.

Question 22

The historic rule that any contribution by the plaintiff to his or her own harm constitutes a complete bar to recovery is called _____.

A)comparative negligence
B)strict liability
C)contributory negligence
D)statute of limitations

Question 23

Which of the following is the doctrine that in some cases permits the court to infer the defendant's negligence even though that negligence cannot be proved?

A)The doctrine of equal footing
B)The doctrine of res judicata
C)The doctrine of res ipsa loquitur
D)The doctrine of equivalents

Question 24

Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is a(n) _____.

A)slander
B)libel
C)indictment
D)assault

Question 25

When an individual's name or image is wrongfully used without permission for commercial purposes,it is called a(n) _____.

A)assault
B)intrusion
C)false light
D)misappropriation

Question 26

Jude purchases a vacuum cleaner that is advertised as having certain distinctive cleaning properties.However,at the first use he realizes that the vacuum cleaner fails to function as promoted.In the context of warranty,which of the following statements is true?

A)There is a breach of implied warranty of fitness for a particular purpose.
B)There is a breach of implied warranty of merchantability.
C)There is a breach of express warranty.
D)There is a no breach of warranty as it is a case of puffing.

Question 27

Which of the following statements is true of a false light claim?

A)It would need to be highly offensive to a reasonable person.
B)It involves injury to one's reputation rather than emotional well-being.
C)It deals with interferences that often take the form of light,noise,smell,or vibration.
D)It is often treated as the tort of injurious falsehood.

Question 28

An intentional invasion of a person's solitude is labeled a(n) _____ if it would be highly offensive to a reasonable person.

A)intrusion
B)false light
C)fraud
D)assault

Question 29

Which of the following requirements must a plaintiff meet to establish a successful negligence claim?

A)The plaintiff must establish that the defendant owed the plaintiff a duty of due care.
B)The plaintiff must show that the defendant meant to do the act that caused the harm.
C)The plaintiff must prove that the defendant intentionally published false statements about the plaintiff.
D)The plaintiff must have been psychologically injured by an unreasonably dangerous product.

Question 30

Nolan has an accident when he misses a stop sign and crashes into another car whose driver is drunk.Nolan,in spite of having sustained $11,000 worth injuries,is able to recover only $8,800 as his own negligence is found to be 20 percent responsible for the injury.The type of negligence defense most likely availed in this case is:

A)comparative negligence.
B)contributory negligence.
C)assumption of risk.
D)statute of limitations.

Question 31

Which of the following is a necessary condition for establishing defamation?

A)A true statement about the victim
B)Harm to the victim's reputation
C)A statement that is so inherently damaging that actual injury need not be shown
D)Communication of a false statement to only the victim

Question 32

Which of the following statements is true of libel?

A)Libel,leaving a more permanent stain,generally requires a showing of actual harm.
B)Any dead person can be the victim of defamation.
C)Libel about a company's products or property often is treated as the tort of injurious falsehood.
D)Courts do not treat defamatory radio and television statements as forms of libel.

Question 33

Ryan's neighbor,Nick,is away on a week-long tour.Ryan sees smoke rising from Nick's house one day and,fearing a possible outbreak of fire,breaks in through the front door only to find that the smoke was from outside and not from within the house as he had thought.In this case,Ryan can avail the defense of _____.

A)necessity
B)consent
C)duress
D)self-defense

Question 34

The residents of a suburban region are unable to enjoy fresh air due to the foul smell coming from an unauthorized tannery located nearby.In this case,the owners of the tannery can be sued for _____.

A)intrusion
B)conversion
C)nuisance
D)trade libel

Question 35

Which of the following imposes on a manufacturer a duty to design its products so that they are safe not only for their intended use but also for any reasonably foreseeable use?

A)Risk-utility test
B)Miller test
C)Consumer expectations test
D)Dominant factor test

Question 36

Which of the following is an intentional tort that is directed against the property of a person?

A)Misappropriation
B)Injurious falsehood
C)Libel
D)Battery

Question 37

Intentionally touching another in a harmful or offensive way without legal justification or the consent of that person is a(n) _____.

A)assault
B)battery
C)defamation
D)fraud

Question 38

Which of the following describes the tort of nuisance?

A)It occurs when an individual's name or image is wrongfully used without permission for commercial purposes.
B)It is a form of defamation that is directed against the property of a person.
C)It is the situation in which enjoyment of one's land is impaired because of some tortious interference.
D)It involves an intentional interference with a person's right to fully enjoy his or her personal property.

Question 39

Which of the following statements is true of the Magnuson-Moss Warranty Act?

A)The act made it illegal for sellers to provide limited warranties.
B)The act,being entirely consistent with Congress's hopes,applies to all products and all warranties.
C)The act extended and clarified the warranty rules of the Uniform Commercial Code.
D)The act specifies that offer of express warranty is a must.

Question 40

Mark,the owner of a dry cleaning store,refuses to return an expensive tuxedo to Jim,his customer,for a day as he mistakenly believes that Jim has not made payments for the services availed in the past three months.This is an example of a(n) _____.

A)trespass to personal property
B)misappropriation
C)conversion
D)injurious falsehood

Question 41

Which of the following statements is true of the strict liability law?

A)Strict liability law focuses on the condition of the product,rather than the conduct of the parties.
B)Strict liability in tort imposes complete liability for damages from a defective product on the injured consumer.
C)Strict liability law,to be applied,requires proof of negligence on the part of the defendant.
D)Strict liability does not hold anyone in the chain of distribution liable for damages from the defective product.

Question 42

Which of the following is a strict liability defense?

A)Assumption of risk
B)Comparative negligence
C)Contributory negligence
D)Self-defense

Question 43

What are the four forms of invasion of privacy?

Question 44

Explain the Magnuson-Moss Warranty Act.

Question 45

Explain the doctrine of res ipsa loquitur.What is required to invoke the doctrine and what is the result of its successful use?

Question 46

Describe implied warranty of merchantability and implied warranty of fitness for a particular purpose.

Question 47

List and describe the three defenses to negligence and their results if successful.

Question 48

Which of the following is true of coverage under the strict liability clause?

A)Some states limit strict liability recovery to new goods.
B)Coverage generally extends only to property damage.
C)Proof of actual fault is necessary to determine coverage.
D)The courts have made strict liability to exclusively cover design and warning defect cases.

Question 49

Identify the defenses available in strict liability cases.Also explain the coverage under strict liability cases.

Question 50

Identify and give an illustrative example of the two types of causation that must be shown in a negligence case.