Question
(1) Negligence torts require both legal intent and a breach of the standard of care. True or False (2) In strict product liability, any retailer,
(1) Negligence torts require both legal intent and a breach of the standard of care.
True or False
(2) In strict product liability, any retailer, wholesaler, or manufacturer that sells an unreasonably dangerous product is strictly liable.
True or False
(3) Product misuse is a defense to strict product liability.
True or False
(4) If you gave your roommate permission to borrow your car for a day and he/she stole your car instead, it would be considered:
fraud.
nuisance.
trespass.
misappropriation.
conversion.
(5) In most states, _____ takes place when someone publishes false information about another person's product.
proximate causation
trade disparagement
tortious interference
innocent misrepresentation
negligent misrepresentation
(6) To prove negligence, plaintiffs have to demonstrate four elements are present. The first element is that the plaintiff has to:
prove that the defendant's actions were the proximate cause of the plaintiff's injury.
demonstrate that the defendant breached a duty of care.
prove that the defendant's conduct caused the injury.
demonstrate legally recognizable injuries.
demonstrate that the defendant owed it a duty of care.
(7) Which of the following statements is NOT true about the duty of care?
The concept of duty is broad and extends beyond those in immediate physical proximity.
If a business knows about, or should know about, a high likelihood of crime occurring, then that business must take steps to protect its customers.
If a risk of harm is foreseeable, then the duty of care exists.
The general rule in our society is that people are free to act any way they want to, as long as they do not infringe on the freedoms of others.
The general rules surrounding when a duty exists cannot be modified in special situations.
(8) Which of the following does not describe battery?
Unconsented
Rude
Offensive
Unwanted
Intentional
(9) If a plaintiff unknowingly and involuntarily assumes the risk of participating in a dangerous activity, then the defendant is not liable for injuries incurred.
True or False
(10) Compensatory damages apply to contract law and tort law, but they are much more difficult to calculate in contract law.
True or False
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