Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

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

Question 3

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​

Accepted Answer

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

Question 4

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​

Accepted Answer

A)  none of the choices.
B)  assumption of risk.
C)  comparative negligence.
D)  knowledgeable user.E) All of the above
F) A) and B)

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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​

Accepted Answer

A)  puffery.
B)  fact.
C)  illusion.
D)  opinion.E) A) and D)
F) A) and B)

Question 8

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​

Accepted Answer

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

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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​

Accepted Answer

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.E) C) and D)
F) All of the above

Question 12

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​

Accepted Answer

A)  product misuse.
B)  fraud.
C)  privity.
D)  puffery.E) All of the above
F) B) and C)

Question 13

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

Accepted Answer

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.E) All of the above
F) C) and D)

Question 14

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​

Accepted Answer

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

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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​

Accepted Answer

A)  Ladd.
B)  Minh.
C)  the rightful owner of the rock.
D)  no one.E) All of the above
F) None of the above

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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.

Accepted Answer

A) True 
 B)False

Exam 3: Tort Law and Product Liability

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​

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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​

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified