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3. Mr. Jones goes to Homey Club, a commercial department store and buys a spray can of red paint and a spray can of bug

3. Mr. Jones goes to Homey Club, a commercial department store and buys a spray can of red paint and a spray can of bug spray.The paint can states on the label "shake well before using".The can of bug spray says "only use outdoors on flowers".The bug spray contains zenocide a cancer causing chemical.While shaking the can it explodes and Mr. Jones loses his hand.He can sue Homey Club in negligence only?

a. True

b. False

4. Given the facts in question 3 above, Mrs. Jones while spraying her roses in a windy day ingests some of the spray and she contracts lung cancer and dies.Mr. Jones sues the Manufacturer of the bug spray, "We love flowers, Inc.".The Best defense for We Love flowers Inc. is Assumption of the risk.

  1. True
  2. False

12. Rebecca and her high school friends are driving home when they become stuck in a long line of cars waiting for the railroad crossing barriers to indicate it is clear to cross the tracks.They notice an Amtrak train two hundred yards away stopped and with the conductor talking with the train engineer.Behind her car in another car are some friends daring her to drive across the tracks.She drives out of the line of cars and races to the tracks.She does not see a speeding freight train on a second track which runs alongside of the Amtrak train.As her car crosses the tracks it is stuck by the freight train and all in Rebecca's car are killed.Family members of the teenagers sue.Under a comparative law state law the families will always recover more than under common law contributory negligence theory.

a.True

b.False

13. The 14th Amendment's Equal Protection Clause "Intermediate Scrutiny" test will be used when legislation affects an economic interest.

a. True

b. False

24.Joan trips and falls on the sidewalk in front of Keith's home.Joan must prove Keith knew the sidewalk needed repairs to recover.

a.

True

b.

False

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