Deck 9: Torts and Product Liability

Question 1

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

Answer 1

Malice

Question 2

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

Answer 2

Ownership

Question 3

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

Answer 3

False
Explanation: Emotional or mental distress must be proven but physical harm is not required.

Question 4

Courts are bound by the Restatement of Torts once published.

Question 5

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 6

Because there is no general duty to act or assist others,a store is not liable should they wash a floor and fail to notify the public of the slippery condition and someone is injured.Stores do it as a convenience to customers but not due to a legal duty.

Question 7

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 with malice.

Question 8

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

Question 9

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

Question 10

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

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

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

Question 13

Mike goes to his local bike shop to buy a cyclometer (measures speed,distance,etc.).He tells the salesman that he wants the best cyclometer on the market and the salesman shows him a cyclometer and states that particular brand and model was actually used by some participants in the 2010 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 varying other brands and models.In actuality,there is no acknowledged top brand and model and use is subject to personal tastes.The salesman has committed a fraudulent misrepresentation stating that the brand and model sold to Mike was the best.

Question 14

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

Question 15

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 is guilty of battery.

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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

Question 22

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

Question 23

Faye is driving when she sees an accident occur a half mile in front of her.Sarah has negligently swerved her car forcing Lindsay off the road 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 her act was not the proximate cause of Faye's injury.

Question 24

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

Question 25

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 26

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 27

Negligence may result from either an intentional or unintentional act.

Question 28

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

Question 29

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

Question 30

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 on.She doesn't have a helmet with her and they don't have one her size available,so the proprietor lets her go without one.If she crashes and is injured,the proprietor has committed negligence per se.

Question 31

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

Question 32

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 goodbye and walks out to start cleaning out her office.Your school can sue your professor for tortious interference with an existing contractual relationship.

Question 33

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

Question 34

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

Question 35

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

Question 36

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 37

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

Question 38

A person cannot be guilty of negligence if they have no duty owed to the plaintiff.

Question 39

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

Question 40

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

Question 41

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 website even by independent and anonymous contributors.
D) provided Internet Service Providers liable with immunity from defamation liability as publishers, for content placed on their website even by independent and anonymous contributors

Question 42

Bill is a lab technician and in charge of safety inspections and injury prevention due to faulty equipment at a university chemistry lab.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 loquiter

Question 43

Generally,torts law is governed by:

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

Question 44

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 45

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 46

Which of the following is not a defense to defamation?

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

Question 47

Which of the following is not true of strict liability?

A) intent to injure does not have to be proven
B) it primarily applies in defective product and abnormally dangerous situations
C) injury need not occur or be proven
D) it is based on state law

Question 48

Which of the following situations 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 49

The highest and most comprehensive duty owed by a landowner to a person on their property is to a:

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

Question 50

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 gentile 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 51

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 52

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

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

Question 53

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 54

Finley is a United States 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 55

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

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

Question 56

The civil counterpart to theft is:

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

Question 57

One who commits a tort is called the:

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

Question 58

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 they 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 they are guilty of defamation
D) Swift defamed Belanger by reporting to a web site as privilege only applies in company to company references

Question 59

Product 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 60

Assumption of risk is a defense to:

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

Question 61

Aspirin generally comes in 81 mg and 325 mg doses.Arnold's Aspirin Company starts a marketing campaign touting the 81 mg to be children's doses and the 325 mg to be adult doses.Aspirin is widely accepted to be a generally safe,nonprescription product for those without aspirin allergies.Arnold's sells the 81 mg pills in bottles with cartoon characters and flavors the pills to make them more palatable.It has been proven 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 contained in the middle of one paragraph it states,in type similar in font,size and color,"not for 12 yrs or under".When Deloris's 8 year old got sick she bought some Arnold's 81 mg aspirin for her son and her son contracted Reyes Syndrome.Does Deloris have a cause of action in tort for her son's injuries?

Question 62

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

Question 63

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

Question 64

Bill is a lab technician and in charge of safety inspections and injury prevention due to faulty equipment at a university chemistry lab 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 loquiter

Question 65

Amanda is driving towards a busy intersection.As she goes through 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 runs 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 their 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 66

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

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

Question 67

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 68

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 only may detain the customer for a reasonable time.
C) the shopkeeper must make a reasonable investigation if possible.
D) the shopkeeper must have an eye witness or video evidence of the theft

Question 69

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

Question 70

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

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

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

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

Question 73

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 74

You have just purchased a new car.After driving the car for a few days without incident,you then 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 running into a car parked along the road.You read in the paper the next day that this 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 75

The point at which liability for negligence stops is called:

A) proximate cause.
B) negligence per se.
C) res ipsa loquiter.
D) negligence interuptus

Question 76

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 with a small rock that looks like a chip in it
C) Ted is injured when a foul ball enters the stands at a major league baseball game and injures 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 77

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 two miles under water and only small floating objects remain.The "black box" that might provide evidence is in the fuselage two miles down and is not recoverable.Further investigation shows that the plane had 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 law suit for negligence?

Question 78

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 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 laws.He furthermore realizes that the ring is only worth $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 79

Delta Tau Chi is a college fraternity and is recruiting new members.Although hazing is banned,they never the less take the pledges to the local zoo where they hand them bows and ribbons ordering 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 80

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 she reports live on the air,she states that the investigation is ongoing; however,the ex-husband is the prime suspect.In fact,the police have just ruled out the ex-husband but she hasn't 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 which caused injury to the ex-husband
B) Rita is guilty of slander for telling a lie which 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