Deck 3: Tort Law and Product Liability

Question 1

Bona fide competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

Answer 1

True

Question 2

Conversion is limited to theft.

Answer 2

False

Question 3

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.

Answer 3

False

Question 4

Under the theory of negligence, the duty of care requires an intentional act.

Question 5

A product liability claim may be based on the tort theory of fraudulent misrepresentation.

Question 6

Tort law provides remedies for acts that cause the destruction of or damage to property.

Question 7

Fraud occurs only when there is justifiable reliance on a true statement.

Question 8

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.

Question 9

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

Question 10

Moral pressure constitutes false imprisonment.

Question 11

A defamatory statement must be communicated to a third party to be actionable.

Question 12

​Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

Question 13

A design defect will support the imposition of liability on a strict product liability basis.

Question 14

Under the doctrine of strict liability, if there is no fault, there is no liability.

Question 15

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Question 16

A manufacturer's duty of care extends to the inspection and testing of components used in the final product.

Question 17

For fraud to occur, seller's talk must be involved.

Question 18

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

Question 19

The taking of electronic records and data can form the basis of a conversion claim.

Question 20

An individual's privacy is invaded if his or her likeness is used for commercial purposes without permission.

Question 21

Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for​

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

Question 22

Some states limit the application of strict product liability to situations involving personal injuries.

Question 23

Under the doctrine of strict liability, liability is imposed only if a person fails to use all reasonable care.

Question 24

Defense of others is a defense to an allegation of assault.

Question 25

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed​

A)defamation.
B)no tort.
C)slander of quality.
D)slander of title.

Question 26

​Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion

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

Question 27

Sellers are required to take precautions against every conceivable misuse of a product.

Question 28

Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.

Question 29

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

Question 30

Generally, the strict liability of manufactures and other sellers does not extend to injured bystanders.

Question 31

Specifically targeting the customers of a competitor is always a legitimate business practice.

Question 32

To successfully assert a design defect, a plaintiff has to show that no reasonable alternative design was available.

Question 33

Disparagement of property is a general term for the specific tort of appropriation.

Question 34

Assumption of risk can never be used as a defense in a product liability action.

Question 35

As a defense to product liability, comparative negligence completely absolves a defendant of liability.

Question 36

To avoid product liability, a manufacturer must exercise due care in selecting its materials and using the appropriate production process.

Question 37

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

A)product misuse.
B)fraud.
C)privity.
D)puffery.

Question 38

An action in strict product liability requires that the product be in a defective condition when the defendant sells it.

Question 39

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

Question 40

Custom Ceramics Corporation makes ceramic products for commercial uses, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Duramold Plastics, Inc., liability may be imposed on Custom Ceramics if the tiles sold to Duramold were​

A)in perfect condition at the time of their sale.
B)damaged by their use.
C)substantially changed after their sale.
D)in a defective condition that was the proximate cause of the damage.

Question 41

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable​

A)if Rosario's did not actually overcharge Stephanie.
B)if the shove was offensive.
C)if Stephanie acted out of malice.
D)under no circumstances-there was no physical injury.

Question 42

Arrow Straight Corporation makes archery supplies. While using an Arrow Straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley, another archer standing by is also injured. In a product liability suit based on strict product liability, Arrow Straight may be liable to​

A)Jamie and Kaley.
B)Jamie only.
C)Kaley only.
D)no one.

Question 43

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and​

A)the omission of a warning renders the pacemaker not reasonably safe.
B)there is a reasonable alternative design.
C)MedBeat did not use due care in making the pacemaker.
D)Nina lacks insurance coverage.

Question 44

Marcos wants to buy Lucia's land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is​

A)abuse of process.
B)appropriation.
C)wrongful interference with a contractual relationship.
D)not a tort.

Question 45

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue​

A)Ladd.
B)Minh.
C)the rightful owner of the rock.
D)no one.

Question 46

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is​

A)defamation.
B)not defamation because it is an opinion.
C)not defamation because it was not communicated orally.
D)not defamation because it was not communicated to more than one person.

Question 47

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is​

A)the cause in fact.
B)the intervening cause.
C)the proximate cause.
D)the superseding cause.

Question 48

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she​

A)bought the oven from Good Cookin'.
B)did not misuse the oven.
C)suffered an injury caused by the defect.
D)did not know of the defect.

Question 49

Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to​

A)the reasonable ordinary person standard.
B)the reasonable engineer standard.
C)the standard of professionals, including doctors, dentists, and lawyers.
D)the standard expected by those injured in the collapse of the bridge.

Question 50

In making and marketing tools and other do-it-yourself home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions against​

A)every conceivable misuse of a product.
B)only foreseeable misuses of a product.
C)no misuses of a product.
D)only obvious misuses of a product.

Question 51

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for​

A)trade libel.
B)conversion.
C)fraudulent misrepresentation.
D)no tort.

Question 52

Shelby owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury​

A)only if Thelma's injury was not reasonably foreseeable.
B)only if Thelma's injury was reasonably foreseeable.
C)only if the R&R crew was at fault.
D)whether or not the R&R crew was at fault.

Question 53

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

A)assumption of risk.
B)knowledgeable user.
C)commonly known danger.
D)none of the choices.

Question 54

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider​

A)Erna's intended use for the phone.
B)DefDeals' method of accounting.
C)ClearCall's quality control efforts.
D)an available alternative design.

Question 55

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for​

A)abuse of process.
B)false imprisonment.
C)malicious prosecution.
D)none of the choices.

Question 56

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for​

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

Question 57

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because​

A)Level Grade 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 58

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's​

A)popularity among industrial designers and consumers.
B)weight and heft.
C)aesthetics.
D)advantages and disadvantages.

Question 59

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​

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

Question 60

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys igniters, tubing, and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strictly liable for any damage caused by the defects​

A)are neither Hearth & Home nor Inflame.
B)are Hearth & Home and Inflame.
C)is Inflame only.
D)is Hearth & Home only.

Question 61

The brakes on Dirk's Tour de Valle bicycle malfunction, but he continues to ride it because he likes the thrill of the unstoppable acceleration. One night, enjoying a fast downhill pace, he speeds through a stop sign and is struck by a truck. In Dirk's suit against Tour de Valle, the bike maker can raise the defense of​

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

Question 62

Logistics Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load of biofuel, it strikes a storage tank owned by Metro Biofuel, Inc. For the cost of repairing the damage to the tank, Metro is most likely to be awarded​

A)compensatory damages.
B)punitive damages.
C)contingency fees.
D)none of the choices.

Question 63

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of​

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

Question 64

SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except​

A)a manufacturing defect.
B)a design defect.
C)an inadequate warning.
D)an ineffective marketing plan.

Question 65

Frieda is working on a construction site when she is injured on the job in the collapse of a Girder Company-made ceiling beam. At the time, Frieda is not wearing a hard hat or any other safety gear. In Frieda's product liability suit against Girder, the company can most successfully raise the defense of​

A)design defect.
B)inadequate warning.
C)comparative negligence.
D)product misuse.

Question 66

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except​

A)the design of the fans.
B)the production process used to make the fans.
C)the warnings on the labels of the fans.
D)a consumer's unforeseeable misuse of a fan.

Question 67

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are​

A)avoidable by an alternative design.
B)foreseeable.
C)contrary to the instructions for the use of the product.
D)obvious.

Question 68

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

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?​

Question 70

Elise, an emergency medical technician renders aid to a participant in Forest & Field Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under​

A)no circumstances.
B)the doctrine of res ipsa loquitur.
C)the "danger invites rescue" doctrine.
D)an applicable Good Samaritan statute.

Question 71

Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of​

A)none of the choices.
B)assumption of risk.
C)comparative negligence.
D)knowledgeable user.

Question 72

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider​

A)the assumptions of Wideload.
B)the identity of Wideload's owner.
C)the intentions of Wideload.
D)the expectations of the ordinary consumer.