1. Duck Duckleton goes to the local store and buys a WhizBag 9000. This product is designed to "WhizBag" all of your storage items into an airtight bag through the use of the designed materials and tools. The product's box makes the claim that the "packed material can be easily retrieved within second with minimal effort". The manual, the box and plastic containing the Whizbag apparatus all contain warnings about the use of the product in question. Duckleton uses the product as instructed and during the use of the product on items he wishes to store, he accidentally Whizbags his cat Darla. The cat was contained inside a plastic storage apparatus for 3 minutes. Duckleton was able to free Darla but the cat sustained damages. Duckleton would like to sue WhizBag's parent company Commet Corp. Under what theory could he recover? (4 points). 2. Betty England worked at a Dairy Queen restaurant owned by S&M Foods. One day while she was work, her manager, Larry Garley became upset when several incorrectly prepared hamburgers were returned by customers. Garley expressed his dissatisfaction by throwing a hamburger that hit England on the leg. Assume that while Garley was not trying to hit England with the hamburger, he was aware that she was substantially certain to be hit as a result of his action. Also, assume that England was not harmed by the hamburger. England wants to press charges (criminal) against Garley. Should the local prosecutor bring charges? If so under what theories? 4 points. (LO 1, LO 2, & LO 4). 3. KillJoy Conner McKay was a police officer in El Camino Nevada. He had a spotty record as a police officer but was also nearing retirement age. Last Thursday, he ran into Pepper Potts Porter, a local resident that has had some issues with law enforcement in the past. Officer Killjoy saw Potts on the street corner, consuming an illegal substance. Officer Killjoy, stopped his cop car, got out to confront Potts about her activity. Potts immediately began to deny her activity and also hide the narcotics. Nevada statue states that the "consumption of a intoxicating material in public" is a specific offence crime punishable by up to 5 years in prison and/or $1000 fine. The concealment of evidence to a crime or lying to the police about the crime is a general offence crime, punishable up to three year in prison and/or also $1000. Killjoy informed Potts of the law and demanded that she hand over the materials to him. He then placed the narcotics in his back pocket and told Potts to run away. He then left the scene of the incident. Nevada statute also provides that the "failure to report a crime" is a general intent crime punishable by up to 6 months in jail and $500. Sandy Snitch, saw all of this transpire and has made an appointment with the prosecutor. What possible charges could the prosecutors office bring and what would be needed for conviction? 2 points. (LO 1, LO 2, & LO 4). 4. Demonstrate your understanding of the intentional tort of trespass to chattel and conversion. (2 points). (LO 1, LO 2, & LO 4). 5. Product liability talks various ways that the user may be injured by the product. Discuss two of the four ways that Product Liability theory discusses damage to a person by the product. (2 points). 7. Jim is a forgetful taxi driver with a broken gas gauge. One night, after picking up Annette at the airport, he runs out of gas in a bad part of town. While Jim and Annette are walking several blocks away to get to the nearest gas station, local thieves seize the opportunity to steal Annette's valuable luggage from the locked trunk. Annette sues Jim for the value of the stolen luggage, claiming that his negligence was a proximate cause of her loss. Jim admits negligence in running out of gas, but claims that he is not liable for the luggage because he exercised his duty to lock the trunk, and cannot be held responsible for the intervening intentional tort of the thieves. Who should win? Why