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Exam 5: Torts and Product Liability

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Question 21

Multiple Choice

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Ivy slips and falls on the deck of Jet's Tour Boat and is injured.She incurs medical expenses of $500,000,and files a suit against Jet to recover.Under the "50 percent" rule,if Ivy is more than 50 percent at fault,she will recover

A) nothing.
B) half of the expenses.
C) the amount of the expenses attributable to Jet's fault.
D) the entire amount of the expenses.

E) B) and D)
F) All of the above

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Question 22

Multiple Choice

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Cold Play Corporation makes snowmobiles.Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving,and he is thrown off.Esty,a hiker standing in the path of the unmanned vehicle,is struck and injured.In a suit based on strict product liability,Cold Play may be liable to

A) Dale and Esty.
B) Dale only.
C) Esty only.
D) none of the parties.

E) None of the above
F) A) and B)

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Question 23

Multiple Choice

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Cultivator Inc.designs and makes tractors,balers,and other farm equipment.In a product liability suit based on negligence,Cultivator could be liable for failing to exercise due care with respect to all of the following except

A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.

Ricard,an engineer,supervises the construction of a new mountainside roadway.The road collapses in a landslide due to faulty grading.Motorists injured in the collapse sue Ricard in a tort action for negligence.Under that theory,as a professional,Ricard is held to the same standard of care as

A business cannot use puffery without liability for fraudulent misrepresentation.

Proximate cause exists if "but for" a wrongful act,an injury would not have occurred.

A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas.

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

Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is

Hal posts online secretly recorded videos of Ida,and includes her name,address,phone number,and Facebook page.Most likely,Ida could bring a successful tort action against Hal for

A business firm has a duty to exercise reasonable care to protect its business invitees.

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's.This is

Dylan applies for a position with Electrical Works LLC.Dylan's previous employer,Federal Circuits Inc. ,gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue.This is

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc.Most likely,Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for

In a product liability suit based on a design defect,a manufacturer is liable only when the harm was not reasonably preventable.

Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud.

Taking personal property from its owner,without permission or just cause,is trespass-retaining it is conversion.

Attributing to a person an act of misconduct not actually perpetrated by that person can be the basis of liability in an action for invasion of privacy.