Deck 10: Torts and Products Liability

Question 1

Violations of safety statutes are sometimes referred to as negligence ______.

Answer 1

per se

Question 2

Conversion occurs when a party interferes with the ________ of another's property.

Answer 2

ownership

Question 3

________ is typically defined as intentionally committing a wrongful act with intent to harm.

Answer 3

Malice

Question 4

Jimmy is annoyed because his neighbor's dog is constantly barking. He intentionally walks up to the dog in his neighbor's yard and viciously kicks it. Jimmy has committed battery.

Question 5

Store management may detain a suspected shoplifter without liability for false imprisonment based on the concept of ______.

Question 6

Lost revenue or profits, whether actual or potential, are called ________ harm.

Question 7

The loss of marital relations and spousal companionship is called loss of ______.

Question 8

Laws that impose liability on liquor stores and bars are called ________ laws.

Question 9

Ms. Bobbin, your ethics teacher, is a first-year professor, just out of school, and she is very tough and demanding. You've done poorly on the first two tests, and you think it's her fault. Someone tells you that she has a criminal past, and, without verification, you spread this allegation. In fact, Ms. Bobbin has been a model citizen and never broken the law. As a result of your actions, she is put on probation, pending an investigation. She cannot sue for defamation because, as a professor, she is a public figure and your conduct was intentional but not a careless disregard of the truth or an act done with malice.

Question 10

Res ipsa loquitur does not require that the plaintiff prove the exact cause of negligence.

Question 11

Mike is having coffee in a coffee house when he sees Jordan, who is the dean of a Midwest business school. Mike used to teach at Jordan's prior school and was considered a very valuable faculty member. They haven't seen each other for years, and Jordan has no idea what Mike has been doing or where he's currently working. She tells him that she has a position for him if he's interested. The next day Mike quits the university he's under contract with and signs a contract with Jordan's school. Jordan's school can be sued for tortious interference with existing contractual relationship.

Question 12

Physical harm or injury is required to prove a case of intentional infliction of emotional distress.

Question 13

Jennifer is having a party and has invited her friends to her home. These social guests would be legally classified as ______.

Question 14

When a seller makes a representation of fact about a product, this is known as an ________ warranty.

Question 15

Mike goes to his local bike shop to buy a cyclometer (which measures speed, distance, etc.). He tells the salesperson that he wants the best cyclometer on the market, and she shows him a cyclometer and states that particular brand and model was actually used by some participants in the 2013 Tour de France bicycle race and is the best Mike can buy. Mike buys the cyclometer. As it turns out, 8 of the 189 riders indeed used the brand and model bought by Mike, with the other 181 using various other brands and models. In actuality, there is no acknowledged top brand and model, and use is subject to personal tastes. The salesperson has committed a fraudulent misrepresentation by stating that the brand and model sold to Mike was the best.

Question 16

Because there is no general duty to act or assist others, a store is not liable if, after washing a floor, it fails to notify the public of the slippery condition and someone is injured. Stores give such notification as a convenience to customers but not because of a legal duty.

Question 17

The case of Mattison v. Johnston held that competition is not a valid excuse for breaking a restrictive covenant that was created to avoid just such practices and that inducing someone to break a restrictive covenant is tortious conduct.

Question 18

Sally is walking her 6-month-old baby in a stroller. Mark, a stranger, looks into the stroller and says, "Wow, that's one ugly baby." Sally is furious and sues Mark for intentional infliction of emotional distress. She will likely lose.

Question 19

Courts are bound by the Restatement of Torts, once it is published.

Question 20

Every time you hit the delete button on your new computer you get a small electric shock. Your friends with the same computer are suffering the same problem. These computers have a ________ defect.

Question 21

Bill has shoplifted at a local store, stealing three mobile phones. The theft is not detected until store camera videos are examined later that afternoon. Store management has the right to go to Bill's home and detain him until police arrive.

Question 22

Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.

Question 23

Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school. The students are actually as qualified as any other students admitted to the school. The students may sue Professor Smith for slander.

Question 24

A public official or public figure can win a defamation case only by proving actual malice by the defendant.

Question 25

Fred has a toothache and is driving to the dentist. He's in a lot of pain, so he speeds down the road 20 miles over the speed limit. If he has an accident, it is an intentional tort and not negligence because he knowingly was speeding.

Question 26

Assume that Iowa has passed a law requiring that anyone riding or operating a motorcycle wear a helmet. Mary enters Iowa Harley-Davidson and wants to take a test ride. She doesn't have a helmet with her and the dealership doesn't have one available in her size, so the proprietor lets her go without one. If she crashes and is injured, the proprietor has committed negligence per se.

Question 27

A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.

Question 28

The Restatement (Third) of Torts is currently the most recent edition.

Question 29

Regarding defamation, a qualified privilege exists in courtrooms and legislative hearings.

Question 30

Disparagement has to do with industries, companies, and corporations but not individuals.

Question 31

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.

Question 32

Brad is drunk and driving his car 20 miles over the speed limit. He hits Angelina, who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing.

Question 33

Faye is driving when she sees an accident occur a half mile in front of her. Sarah has negligently swerved her car, forcing Lindsay's car off the road and into a tree. Lindsay is thrown from the car and appears injured. Faye stops to render aid, and while helping Lindsay, she slips and breaks her leg. Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and Sarah's act was not the proximate cause of Faye's injury.

Question 34

In Palsgraf v. Long Island Railroad Co., the court first articulated and established the concept of proximate cause.

Question 35

A party who is injured by another's negligence but is found to have committed comparative negligence will recover nothing.

Question 36

When Ford runs a commercial stating that Fords are better than Chevrolets and that "you'll be happier if you buy a Ford," Ford is committing trade libel.

Question 37

Under concepts articulated in MacPherson v. Buick, a manufacturer of a defective product is liable only to the purchaser of the product and not to every user.

Question 38

Your professor is in the middle of her lecture when the dean from a competing school walks into class and offers her a position at his school at double her present salary. When she asks when the position will start, he says tomorrow. Your professor looks at the class, says good-bye, and walks out to start cleaning out her office. Your school can sue your professor for tortious interference with an existing contractual relationship.

Question 39

Negligence may result from either an intentional or unintentional act.

Question 40

Employers, in some states, enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice.

Question 41

Mike has admired Monica for a long time and has wanted to date her but is too shy around girls to ask. He is a football player with a reputation of being the toughest player on the team. Monica is scared of Mike because of his size and reputation. One day Mike summons the courage and approaches Monica, who has her back to him and doesn't know he's there. He puts his arms around her and gives her a gentle kiss before letting go. He can't believe what he did, apologizes, and runs away. Monica is slightly shaken but physically unharmed. Mike has committed:

A) conversion.
B) battery.
C) intentional infliction of emotional distress.
D) nothing, because he apologized and she was unharmed.

Question 42

One who commits a tort is called the:

A) tortmaster.
B) tortfeasor.
C) tortdoer.
D) torteffector.

Question 43

Which of the following is not a general category of torts?

A) intentional torts
B) negligence
C) strict liability
D) criminal torts

Question 44

In Belanger v. Swift Transportation Inc., after Belanger had an accident driving a company vehicle, the accident was reported to a government website. Belanger claimed that Swift acted with malice and lost any reference-related privilege by reporting information to a third-party website.

A) Swift followed all company procedures, so it did not act with malice and defamation did not occur.
B) Swift has an absolute privilege to report on former employees, so no defamation occurred.
C) Swift showed malice by not reporting Belanger's side of the story, so it is guilty of defamation.
D) Swift defamed Belanger by reporting to a website, as privilege applies only in company-to-company references.

Question 45

Lindsay is Jon's manager and calls him into her office after everyone else has gone home for the day. She closes the door and tells Jon that he is a thief and that he must return items that he stole from the company. In fact, Jon is extremely honest and has never stolen anything in his life. He is extremely upset and starts to feel sick.

A) Lindsay has committed libel.
B) Lindsay has committed disparagement.
C) Lindsay has committed slander.
D) Lindsay has not committed a defamation tort.

Question 46

The highest and most comprehensive duty owed by a landowner to a person on the owner's property is owed to:

A) an invitee.
B) a licensee.
C) an accidental trespasser.
D) an intentional trespasser.

Question 47

Chelsea's house is for sale, and she is selling it through a real estate agent. The house is listed, and any licensed agent may show the house by using the special accessible key in a lockbox on the front porch. Stan is a licensed agent and brings Paula into the home to show it for a possible sale while Chelsea is not home. Stan and Paula would be considered:

A) invitees.
B) licensees.
C) trespassers.
D) guests.

Question 48

Assumption of risk is a defense to:

A) conversion.
B) negligence.
C) defamation.
D) battery.

Question 49

To which of the following would a dram shop law apply?

A) Moe's Barber Shop
B) Larry's House of Watches
C) Curley's Tavern
D) Shemp's House of Pancakes

Question 50

Which of the following is a valid defense in a strict products liability case?

A) comparative negligence
B) contributory negligence
C) assumption of risk
D) consent

Question 51

The civil counterpart to theft is:

A) conversion.
B) trespass to chattels.
C) disparagement.
D) battery.

Question 52

Finley is a U.S. senator. While at a friend's wedding, he comments that another senator, Glen, is corrupt and is an alcoholic and drug addict. A reporter overhears this statement and includes the conversation in a written report that is published in the state's largest newspaper. Glen is called before a Senate investigatory committee, and his reputation is permanently scarred. Is Finley guilty of defamation?

A) Yes, he has committed slander.
B) Yes, he has committed libel.
C) No, he didn't disseminate the information to a third party; the reporter did.
D) No, he has an absolute privilege as a government official.

Question 53

Bill is a technician at a university chemistry lab and is in charge of safety inspections and prevention of injury due to faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an "OUT OF ORDER/DO NOT USE" sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill's negligence is based on:

A) nonfeasance.
B) misfeasance.
C) negligence per se.
D) res ipsa loquitur.

Question 54

Generally, tort law is governed by:

A) state statutory law.
B) state common law.
C) federal statutory law.
D) constitutional law.

Question 55

Which of the following is not true of strict liability?

A) Intent to injure does not have to be proved.
B) It primarily applies in defective product and abnormally dangerous situations.
C) Injury need not occur or be proved.
D) It is based on state law.

Question 56

Products liability law arises from:

A) state statutes.
B) state common law.
C) both state statutes and state common law.
D) the Uniform Law of Product Liability as adopted by each of the states.

Question 57

Which of the following is not a defense to defamation?

A) conditional privilege
B) absolute privilege
C) publication
D) truth

Question 58

Which of the following is not a situation in which strict liability applies?

A) T.J. manufactures cheap clothing that falls apart after minimal use.
B) Amanda owns a pet tiger that she keeps in her home in a suburban neighborhood.
C) Faye owns a business in which she regularly uses explosives.
D) Aimee manufactures snack cakes that are sold in small grocery stores.

Question 59

The Communications Decency Act of 1996:

A) redefined obscenity standards for the motion picture industry.
B) redefined obscenity standards for the radio and television industry.
C) made Internet service providers liable, as publishers, for content placed on their websites even by independent and anonymous contributors.
D) provided Internet service providers with immunity from defamation liability, as publishers, for content placed on their websites even by independent and anonymous contributors.

Question 60

Carl Critic has just announced his choices of the worst Hollywood actresses of the year, and Stella Starr has been named the worst of the worst. Carl's announcement, made in his weekly column titled "Random Musings by Carl Critic" and published in the local paper, claims that he believes her to have the least amount of talent in the movie industry and that she "can't act her way out of a paper bag." When Stella reads Carl's column, she immediately starts to cry hysterically and then decides to sue him. Does she have a valid case of libel?

A) Yes, her crying proves injury.
B) Yes, but only if his statements cause her to lose money by losing movie roles.
C) No, Carl committed slander, not libel.
D) No, this was merely Carl's opinion.

Question 61

Aspirin generally comes in 81-mg and 325-mg doses. Arnold's Aspirin Company starts a marketing campaign touting the 81 mg as children's doses and the 325 mg as adult doses. Aspirin is widely accepted to be a generally safe, nonprescription product for people without aspirin allergies. Arnold's sells the 81-mg pills in bottles with cartoon characters, and it flavors the pills to make them more palatable. It has been proved that giving aspirin to children under 12 may cause Reyes syndrome, an often fatal disease linked to treatment of viral infections with aspirin. The back label of Arnold's 81-mg bottles is printed in very small and cramped type, and in the middle of one paragraph it states, in type similar in font, size, and color to the surrounding type, "not for 12 yrs or under." When Deloris's 8-year-old got sick, Deloris bought Arnold's 81-mg aspirin for her son, and her son subsequently contracted Reyes syndrome. Does Deloris have a cause of action in tort for her son's injuries?

Question 62

The merchant's privilege with regard to shoplifters requires each of the following except:

A) the shopkeeper must have reasonable cause to stop the customer.
B) the shopkeeper may detain the customer only for a reasonable time.
C) the shopkeeper must make a reasonable investigation if possible.
D) the shopkeeper must have an eyewitness or video evidence of the theft.

Question 63

In Palsgraf v. Long Island Railroad Co., would the case have turned out differently if the package held by the man being pulled onto the train had been clearly and distinctively marked "DANGER-EXPLOSIVES"? Why or why not?

Question 64

A commercial airliner crashed in the middle of the Atlantic. The cause of the crash has been proved to be a wrongly installed part in one of the engines during routine maintenance. If a negligence lawsuit is brought against the airline, it will be based on:

A) nonfeasance.
B) misfeasance.
C) res ipsa loquitur.
D) negligence per se.

Question 65

Rita Reporter works for a major news network and has been assigned to investigate a story about a woman's death in a small town. She interviews police and other public officials, and the investigation is pointing to the woman's ex-husband. When Rita reports live on the air, she states that the investigation is ongoing and that the ex-husband is the prime suspect. In fact, the police have just ruled out the ex-husband, but Rita has not yet been informed of that fact. The next day, the ex-husband is fired, his new wife moves out, and friends are now refusing to talk with him.

A) Rita is guilty of libel for telling a lie that caused injury to the ex-husband.
B) Rita is guilty of slander for telling a lie that caused injury to the ex-husband.
C) Rita is not guilty of defamation due to a qualified privilege.
D) Rita is not guilty of defamation due to an absolute privilege.

Question 66

Bill is a technician at a university chemistry lab and is in charge of safety inspections and prevention of injury due to faulty equipment, and Bill's job includes the repair of faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve and does a very poor job of repairing it, using techniques not considered proper or acceptable. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill's negligence is based on:

A) nonfeasance.
B) misfeasance.
C) negligence per se.
D) res ipsa loquitur.

Question 67

Joe wants to propose to Rhonda and goes to a jewelry store to purchase an engagement ring. After college, Joe had worked as a jeweler while going to law school, and he is now an attorney. He still remains knowledgeable regarding the jewelry industry. In the jewelry store the owner listens to what Joe wants, and he takes a diamond ring from a showcase. The jeweler tells Joe that it's a class AAA perfect blue-white stone in a platinum setting and the price is $5,000. Joe, without indicating his jewelry knowledge, asks to use the jeweler's loupe (eyepiece) and, upon inspection, sees that it's a class AA yellow-white diamond with three minor flaws. He furthermore realizes that the ring is worth only $4,000. The ring is beautiful, so he decides he'd like to buy it. He asks if the price is negotiable, and the jeweler offers a sale at $4,500. They settle on $4,300. When Joe proposes, his girlfriend says no. Dejected, Joe seeks to return the diamond ring but the jeweler refuses, so Joe sues the jeweler for fraudulent misrepresentation. Who wins and why?

Question 68

Delta Tau Chi is a college fraternity and is recruiting new members. Although hazing is banned, the members nevertheless take the pledges to the local zoo, where they hand them bows and ribbons and order them to break into the monkey house exhibit and decorate the inhabitants. The monkey house has a distinct sign stating, "DANGEROUS ANIMALS, DO NOT APPROACH OR ENTER THE PREMISES!" The pledges go in anyway, and two of the pledges are severely injured and sue the zoo for their injuries. Discuss the liability of the zoo and the pledges.

Question 69

The fact that the actual negligent act must directly cause the injury is called the:

A) proximate cause.
B) misfeasance.
C) nonfeasance.
D) cause in fact.

Question 70

You have just purchased a new car. After driving the car for a few days without incident, you go through a puddle of water while turning through an intersection. The water splashes up and your power steering momentarily stops operating. You lose control and run into a car parked along the road. You read in the paper the next day that the power-steering problem has occurred with this model car before and a recall is being considered. If you sue the manufacturer, what are the three theories of product liability you may sue under and how do they differ?

Question 71

In a products liability case, the plaintiff may pursue legal remedies against the seller under any of the following categories except:

A) product disparagement.
B) strict liability.
C) negligence.
D) warranty.

Question 72

Name the various categories of torts, and explain the essential differences between them.

Question 73

Amanda is driving toward a busy intersection. As she approaches the intersection, she looks down and reaches to adjust the radio in her car. She runs a red light and hits another car, which then crashes into a utility pole, knocking it down and causing a power loss in a 3-mile radius. It takes the utility company 48 hours to restore electricity to the area because of a strike by the utility union. Kimberly sues Amanda because all the food in her refrigerator and freezer spoiled due to the power outage. What will the result be?

A) Amanda will be liable to Kimberly because a person is liable for all consequences of his or her negligence.
B) Amanda will not be liable to Kimberly because she could not have actually foreseen that it was dangerous to take one's eyes off the road when approaching an intersection.
C) Amanda will be liable to Kimberly because she should have foreseen that taking her eyes off the road could cause Kimberly's food to spoil.
D) Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages.

Question 74

Define the negligence defenses of contributory negligence and comparative negligence, and explain how they differ.

Question 75

Which of the following scenarios would most likely result in strict liability?

A) Bruno owns a basset hound that escapes from his yard and bites a neighbor.
B) Amos buys a bag of Chips Ahoy chocolate-chip cookies and breaks a tooth when he bites into one that contains a small rock that looks like a chip.
C) Ted is injured at a major-league baseball game when a foul ball enters the stands and hits him.
D) Maintenance at a school waxes the floors during class but fails to put up warning signs. A student leaving class slips and is injured.

Question 76

A commercial airliner flying across the Atlantic Ocean suddenly disappears from radar. There is no inclement weather, nor were there any other planes in the area. Nothing at all showed on radar at the time the plane disappeared. A day later, a fishing boat reported debris from an airplane, and investigators determined that the plane crashed into the ocean. There were no survivors. The plane itself is now 2 miles under water, and only small floating objects remain. The "black box" that might provide evidence is in the fuselage 2 miles down and is not recoverable. Further investigation shows that the plane had all proper maintenance, with no problems or concerns, and that the flight crew was experienced, sober, and rested prior to the flight. Karl's wife was a passenger on the plane, and he wants to sue. How can he successfully bring a lawsuit for negligence?

Question 77

Alan drives drunk and causes a collision, killing Toni. When Toni's grandmother hears the news, she has a heart attack and dies. Can Alan be successfully sued for negligence in causing the grandmother's death?

Question 78

The point at which liability for negligence stops is called:

A) proximate cause.
B) negligence per se.
C) res ipsa loquitur.
D) negligence interruptus.

Question 79

Explain what the reasonably prudent person standard is and how it applies to negligence.

Question 80

In which of the following situations would res ipsa loquitur likely apply?

A) Jon is driving at 75 miles per hour in a 55-mph zone and causes an accident.
B) Brandon sneaks up behind someone and hits the person with a hammer.
C) A train derailed, and the cause of the accident can't be proved.
D) Josh forgets to put a sign up to warn people that the floor has just been waxed and is slippery.