1. What is meant by strict liability? In what circumstances is strict liability applied?

2. To avoid liability on a negligence theory in a product liability suit, to what extent must a manufacturer exercise due care?

3. Under the Restatement (Second) of Torts, Section 402A, what are the requirements for a cause of action in strict liability in a product liability suit?

4. Explain the key elements of the Federal Can-Spam Act.

5. Explain the key elements of the U.S. Safe Web Act.

6. Fine Everyday Drinks Corporation makes and sells soft drinks. Tim buys and drinks a Fine Everyday beverage, which proves defective and suffers internal injuries. One justification for holding Fine Everyday strictly liable for the harm caused to Tim by its defective product is that

a. Fine Everyday is making a profit from its activities.

b. Tim is a person, not a business.

c. making and selling products are abnormally dangerous activities.

d. Fine Everyday and Tim are in privity.

7. Sals Motor Factory, Inc., makes and sells a motorcycle to Ted. Sals Motor fails to exercise due care to make the motorcycle safe, however, and Ted is injured as a result. Sals Motor is most likely liable for

a. market-share liability.

b. none of the choices.

c. negligence.

d. product misuse.

8. Fans and More Corporation designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Fans and More could be liable for violating its duty of care with respect to all of the following except

a. the design of the fans.

b. the production process used to make the fans.

c. the warnings on the labels of the fans.

d. a consumers unforeseeable misuse of a fan.

9. Trans Trucking Company makes and leases a crane to Gallant. Due to a defect attributable to Trans Truckings negligence, Gallant is injured in an accident in which his neighbor Hicks is also hurt. In a product liability suit based on negligence, Trans Trucking may be liable to

a. Gallant only.

b. no one.

c. Gallant and Hicks.

d. Hicks only.

10. Tools and More makes chain saws. Hendrix is injured while using a chain saw and sues the company for product liability based on negligence. To win, Hendrix must show that

a. Tools and More did not use due care with respect to the chain saw.

b. Tools and More used puffery in its advertising.

c. Hendrix was not experienced in the use of chain saws.

d. Hendrix was in privity with Tools and More.

11. Lona Makeup, Inc. makes cosmetics. Lona intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Michelle buys a Lona product and suffers an injury. Lona is most likely liable for

a. product misuse.

b. fraud.

c. privity.

d. puffery.

12. Crossstate Internet, Inc., an Internet service provider (ISP), supplies information to the Federal Trade Commission concerning possible unfair or deceptive conduct in foreign jurisdictions. For this disclosure, federal law gives Crossstate and other ISPs immunity from liability. This is

a. goodwill.

b. fair use.

c. a safe harbor.

d. a license.

13. BetteBOOPEAK Corporation uses the trademark of Cartoon Antics, Inc., a social media site, as a meta tag without Cartoon Antics permission. This may be permissible

a. if the appropriating site has nothing to do with the meta tag.

b. if the two sites appear in the same search engine results.

c. if the use is reasonably necessary.

d. under no circumstances.

14. Bunson Burner Steak House Corporation allows its trademark to be used as part of a domain name for Bunson Burner NJ, Inc., an unaffiliated company. Bunson Burner NJ, Inc. does not obtain ownership rights in the mark. This is

a. goodwill.

b. fair use.

c. a license.

d. a safe harbor.

15. Saddie transfers copyrighted music recordings, without the copyright owners authorization, to his friends. This is

a. copyright infringement.

b. a license.

c. a safe harbor.

d. none of the choices.

16. Interstate Relations Inc., makes and sells devices and services for the circumvention of encryption software and other technological antipiracy protection. Under the Digital Millennium Copyright Act, this is

a. a violation of copyright law.

b. prohibited but not a violation of copyright law.

c. a fair use exception to the provisions of the act.

d. permitted for reconsideration every three years.

17. Sandy includes in his song Samuel Here and Now a few seconds of Warrens copyrighted sound recording The Other Sounds without permission. Some federal courts have found that such digital sampling is

a. a violation of copyright law.

b. a fair use exception to the provisions of the act.

c. not a fair use exception to the provisions of the act.

d. all of the choices.

18. Emmett and other users of Facebook and other social networking sites post messages, images, and other materials on these sites. Social media posts are routinely included in discovery in litigation to

a. establish a persons intent.

b. establish what a person knew at a particular time.

c. reduce damages awards.

d. all of the choices.