Deck 7: Torts and Product Liability

Question 1

Good intention is a complete defense to conversion.

Answer 1

False

Question 2

The public disclosure of private facts about a person is not an invasion of privacy if it is done without the person's knowledge or consent.

Answer 2

False

Question 3

Tortfeasor is the term for a person who commits a tort.

Answer 3

True

Question 4

If it can be shown that a trespass to personal property was warranted, a complete defense exists.

Question 5

If an actor's conduct creates no risk, there is no negligence.

Question 6

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

Question 7

False imprisonment occurs when a person restrains another intentionally and without justification.

Question 8

The use by one person of another person's likeness without permission and for the benefit of the user constitutes the tort of appropriation.

Question 9

If no harm results from an allegedly negligent act, there is no liability.

Question 10

To commit an intentional tort, one person must intend to harm a certain other person.

Question 11

For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act.

Question 12

A failure to return personal property is conversion even if the rightful owner consented to the initial taking.

Question 13

An assumption of risk defense does not require that a risk be voluntarily assumed.

Question 14

To avoid liability for negligence, a business owner must protect its patrons against all risks.

Question 15

Publishing false information about another's product is conversion.

Question 16

If it can be shown that a trespass to land was warranted, a complete defense exists.

Question 17

Fraud occurs only when there is reliance on a statement of opinion.

Question 18

Self-defense is a defense to negligence.

Question 19

Defamation is one person's use of another's name without permission.

Question 20

The purpose of tort law is to provide remedies when various protected interests have been invaded.

Question 21

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Question 22

Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to the individual.

Question 23

Sellers or lessors are liable only for products that are reasonably dangerous.

Question 24

Dru is an Excel Company employee.He falsely accuses Fiona, Excel's office manager, of stealing from their employer.The statement is defamatory

A)if a coworker overhears it.
B)only if Fiona hears it.
C)whether or not anyone hears it.
D)under no circumstances.

Question 25

Under the doctrine of strict liability, liability is imposed strictly according to fault.

Question 26

Louis-larger and stronger than Mica-threatens to hit Mica.A moment later, Louis does hit and injure Mica.Mica files a suit against Louis.Mica could most likely recover for

A)assault and battery.
B)trespass and conversion.
C)defamation and disparagement.
D)negligence and strict liability.

Question 27

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

Question 28

Under a dram shop act, liability can be imposed without proof of negligence.

Question 29

Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration.

Question 30

A manufacturer's duty of care does not extend to the inspection and testing of products bought to incorporate in the final product.

Question 31

Liz trespasses on Mega Corporation's property.Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive.Mega is liable for

A)assault and battery.
B)false imprisonment.
C)intentional infliction of emotional distress.
D)none of the choices.

Question 32

Jaqy distributes a handbill among her neighbors accusing one of them-Ked-of being a convicted sex offender.The statement is defamatory only if

A)a neighbor repeats it.
B)Ked suffers emotional distress.
C)the statement is true.
D)the statement is false.

Question 33

Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product.

Question 34

To support the imposition of strict product liability, a product must be mishandled between the time it is sold and the time an injury occurs.

Question 35

The extreme risk of an activity is a primary basis for imposing strict liability.

Question 36

An Internet service provider cannot be held liable for disseminating defamatory remarks under any circumstances.

Question 37

A seller must take steps to guard against the foreseeable misuse of a product.

Question 38

Due care must be exercised in designing a product.

Question 39

Ike pushes Joan, who falls and breaks her arm.Ike is liable for the injury

A)if Ike intended to push Joan.
B)only if Ike did not intend to break Joan's arm.
C)only if Ike had a bad motive for pushing Joan.
D)only if Ike intended to break Joan's arm.

Question 40

The types of product defects that have traditionally been recognized in product liability law include inadequate warnings.

Question 41

Caleb is driving a car in which Dotty is a passenger when an accident occurs.Caleb and Dotty are emotionally rattled, but neither is physically hurt.Caleb is not liable to Dotty on a negligence theory because

A)both parties were emotionally rattled.
B)Caleb did not apparently intend to cause an accident.
C)Dotty must have been comparatively negligent.
D)Dotty was not injured.

Question 42

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores.Dom solicits each of Flora's customers.Dom is most likely liable for wrongful interference with

A)a bargaining relationship.
B)a business relationship.
C)a contractual relationship.
D)a customer relationship.

Question 43

Toni files a suit against Universal Media Corporation for defamation.Actual malice must be shown for recovery of damages if Toni is

A)a corporate officer.
B)a non-employee.
C)a private individual.
D)a public figure.

Question 44

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity.This is

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

Question 45

Sam, an engineer, supervises the construction of a new bridge.When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse.As a professional, Sam 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

Bella owns a farm in Colorado.Doyle drives his sport utility vehicle off a highway and onto Bella's land.Doyle commits trespass if he

A)does not have Bella's permission to drive on the property.
B)drives onto the property for recreational purposes.
C)harms the property in a material way.
D)harms the property in any way.

Question 47

Dian, a clerk at an Apple store, takes a Macbook from the store without permission.Dian is liable for

A)appropriation.
B)no tort.
C)conversion.
D)wrongful interference with a business relationship.

Question 48

Jim is an appliance salesperson.To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is

A)fraud if the statement is the truth.
B)fraud if Jim believes that this statement is not true.
C)fraud if Jim is stating his opinion, not the facts.
D)not fraud.

Question 49

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

A)all risks.
B)hidden risks.
C)obvious risks.
D)no risks.

Question 50

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons.Jack's Fun Park fails to maintain its equipment.Key, a patron, is injured.Jack's has committed

A)a dram shop act.
B)contributory negligence.
C)negligence per se.
D)res ipsa loquitur.

Question 51

George has a badly infected right foot.Herb, George's physician, prescribes amputation.George agrees.During the operation, Herb amputates the left foot.In George's suit against Herb, George's best theory for recovery is

A)assumption of risk.
B)negligence per se.
C)res ipsa loquitur.
D)strict liability.

Question 52

Joy invites Ken into her apartment.Ken commits trespass to land if he

A)enters the apartment with fraudulent intent.
B)harms the apartment in any way.
C)makes disparaging remarks about Joy to others.
D)refuses to leave when Joy asks him to go.

Question 53

Lew angrily accuses Mandy, a broker with New Financial Services, of fraudulently inducing him to invest in Open Pit Oil Company, whose wells are dry.The reliance that gives rise to liability for fraud is normally based on a statement of

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

Question 54

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury.Bargain Mart's employees are not aware of the spilled soda until Cody falls.In a suit against Bargain Mart, Cody will most likely

A)lose, because Bargain Mart's employees were not aware of the spill.
B)lose, because Cody should have exercised more care.
C)win, because Bargain Mart can recover from the soda bottler.
D)win, because the spilled soda was foreseeable.

Question 55

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed.Regarding the risk of injury, Liu assumes the risks

A)attributable to the Triathlon in any way.
B)different from the risks normally associated with the Triathlon.
C)greater than the risks normally associated with the Triathlon.
D)normally associated with the Triathlon.

Question 56

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

A)a blameless person. b a faultless person.
C)a reliable person.
D)a reasonable person.

Question 57

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself.Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin, injuring Nico.Nico files a suit against Owen, whose best defense is

A)assumption of risk.
B)contributory negligence.
C)negligence per se.
D)superseding cause.

Question 58

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam.Jem may have committed

A)appropriation.
B)conversion.
C)intentional infliction of emotional distress.
D)trespass to personal property.

Question 59

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to

A)all those who were injured.
B)only those who were uninsured.
C)only those whose injuries could have been reasonably foreseen.
D)only those whose vehicles were closest to Ralph's van.

Question 60

Kelly is injured when she slips and falls on Layla's sidewalk.To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of

A)a realistic person.
B)a reasonable person.
C)a recognizable person.
D)a reliable person.

Question 61

Horizon Corporation makes cell phones.Gina files a product liability suit against Horizon, alleging a design defect.In deciding whether to hold Horizon liable, the court may consider the "reasonableness" of

A)the manufacturer's intentions.
B)the seller's method of accounting.
C)the manufacturer's quality control efforts.
D)an available alternative design.

Question 62

Delta Company makes and sells table saws, which are designed to be safe if used properly.Erin buys a Delta saw and lends it to her neighbor Frank.To reach a toolbox on a high shelf in his garage, Frank props the saw at an angle against a cabinet and climbs onto the saw.Frank loses his footing, slips off the saw, falls on the blade, and is injured.He files a product liability suit against Delta, on the ground of negligence.On what basis could Delta prevail

Question 63

Toyoda Company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition.If the pedals or other parts are defective, strictly liable for any damage caused by the defects are

A)neither Toyoda nor the subcontractors.
B)Toyoda and the subcontractors.
C)the subcontractors only.
D)Toyoda only.

Question 64

After two years of research and an investment of a substantial amount of money, Coast-to-Coast Company (CC)develops a new product that it hopes will produce substantial profits.CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical product.CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product when it was in development.What legal recourse does CC have against National

Question 65

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider.Most likely to be held liable for the remark is

A)Oakley.
B)Pierre.
C)Roominate.
D)SocNet.

Question 66

Pharma Company, Quitox Corporation, and Renal, Inc., are drug makers.Med Sales Company and National OTC, Inc., are drug distributors.In a suit against all of these parties in which market-share liability is imposed, most likely to be liable are

A)neither the distributors nor the makers.
B)the distributors and the makers.
C)the distributors only.
D)the makers only.

Question 67

Furious Toyz Corporation makes skateboards, which it sells to consumers, including Gitana.Gitana is injured due to a defect in the board that causes an accident in which Haley, a bystander, is also injured.In a product liability suit based on strict product liability, Furious Toyz may be liable to

A)Gitana and Haley.
B)Gitana only.
C)Haley only.
D)no one.

Question 68

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale.Liability may be imposed on Green Glass based on

A)the "reasonableness" of the manufacturer's quality control efforts.
B)the type of the manufacturer's insurance coverage.
C)a manufacturing defect.
D)the opinion and testimony of non-experts.

Question 69

Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands.Jean files a suit against K-Tech, Inc., the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant application of this doctrine is in the area of

A)cyber torts.
B)intentional torts.
C)product liability.
D)unintentional torts.

Question 70

Drake pushes Evon into the path of an oncoming car driven by Flip.Gina tries to rescue Evon.Drake is liable for any injuries to

A)Evon and Flip but not Gina.
B)Evon and Gina but not Flip.
C)Evon, Flip, and Gina.
D)none of the parties.

Question 71

Country Style, Inc., makes landscaping tools.Country could be liable for a warning 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 reasonable alternative design.
C)there is a lack of care in making of the product.
D)there is insufficient insurance coverage.

Question 72

Welding Systems, Inc.(WSI), makes welding torches, masks, and related products.A WSI product may be unreasonably dangerous due to

A)a defect in its design.
B)the expectations of its seller.
C)the intentions of its distributor.
D)the method of accounting of its maker.