41. Stan, an air conditioning and heating technician, gets electrocuted while installing a thermostat made by Temp-Set Corporation. He files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. There is no way to make the thermostats without them having a risk of electrical shock during the installation process. Temp-Set's best defense is most likely

Group of answer choices

knowledgeable user.

product misuse

commonly known danger

assumption of risk

42. The word "tort" means:

Group of answer choices

lawsuit

wrong

treacherous

at fault

43. One characteristic of an abnormally dangerous activity is that it involves a low risk of serious harm.

Group of answer choices

True

False

44. A knife manufacturer does not need to place a warning on the knife that it is dangerous because the dangers associated with using sharp knives are so commonly known.

Group of answer choices

True

False

45. Hussein throws a rock intending to hit Lilah but misses and hits Rodrigo instead. Rodrigo gets a bad bruise under his eye, and is badly cut. Rodrigo will most likely succeed in making Hussein pay for his medical bills if he sues Hussein for:

Group of answer choices

conversion

battery

assault

trespass to body

46. Molly purchases a blender from Bed Bath and Beyond and it flies off the base when she tries to make her first protein smoothie. As it flies across the kitchen, it hits Molly's 2 year old son on the head and knocks him to the floor. He suffers a concussion due to the fall. Depending on when she brings a lawsuit against Bed, Bath and Beyond, she might be prevented from winning a tort case because Bed Bath and Beyond might be able to use:

Group of answer choices

the statute of limitations defense

the contributory fault defense

the assumption of risk defense

the product misuse defense

47. The tort of appropriation is a form of negligent liability.

Group of answer choices

True

48. Rhea gets her father surprise tickets to the PGA Championships since he's an avid golf fan. While watching the golf match as a spectator, he assumes the risks:

Group of answer choices

different from the risks normally associated with the tournament.

greater than the risks normally associated with the tournament.

attributable to the tournament in any way.

normally associated with the tournament.

49. You're-Your-Own Handyman Corporation makes tools and equipment to be used by an average person around the house. In manufacturing and selling these products, the law requires You're-Your-Own Handyman to take measures to protect consumers from

Group of answer choices

any misuse

no misuse

only foreseeable misuses

only obvious misuses

50. All of the following can be held strictly liable for physical injuries caused by their defective products except:

Group of answer choices

users of the goods

distributors of the goods

sellers of the goods

makers of the goods

51. People who keep domestic animals are strictly liable for any harm inflicted by the animals.

Group of answer choices

True

False

52. To avoid liability for negligence, a business owner has an obligation to protect its customers against all risks, even unforeseeable ones over which the business owner has no control.

Group of answer choices

True

False

53. Best Garage Doors , Inc., sells 1,000 garage door openers to Lowe's Hardware Store each year. Stella purchases one of the door openers in California. If she wants to bring a product liability claim against Lowe's, she has to file a lawsuit within two years of:

Group of answer choices

the date Best Garage Doors, Inc. designed the openers

her discovery of an injury caused by the opener.

Lowe's sale of the opener to Stella

when the door openers were sold to Lowe's by Best Garage Doors, Inc.

54. Jenna attends a baseball tournament. In terms of potential injuries, Jenna assumes the risks that:

Group of answer choices

are attributable to the tournament in any way

are normally associated with the tournament

are different from the risks normally associated with the tournament

greater than the risks normally associated with the tournament

55. Oscar trips and falls on his friend's yacht and gets injured. Oscar files a lawsuit against his friend for $500,000. If Oscar is found to be 20% at fault, and his friend is determined to be 80% at fault, in a comparative fault jurisdiction Oscar could recover

Group of answer choices

$500,000 because even though he was at fault his friend was at fault for the majority of the damages

$400,000

nothing because he was partially at fault

$250,000 because they are both at fault and in a comparative fault system the costs get split between the parties

56. Jim is the owner of afarm in Kansas. Dana drives her SUV off of a highway and onto Jim'sfarm. Dana has committed trespass

Group of answer choices

harms the property in any way

as long as she does not have Jim's permission to drive on the property.

if she drove onto his property recreationally

harms the property in a material way

57. Mark takes Jessica's accounting textbook as a joke. He hides it so she can't find it the weekbeforethe test. Mark might have committed

Group of answer choices

disparagement of personal property

negligent infliction of emotional distress

appropriation

trespass to personal property

58. Another name forthe tort ofappropriation is "disparagement of property."

Group of answer choices

True

False

59. Martha wants to purchase Juanita's land, but Juanita refuses to sell it to Martha. Martha begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Juanita to sell. This is

Group of answer choices

not a tort

abuse of process

wrongful interference with a contract

appropriation

60. Bow&Arrow, Inc. makes supplies for archery. Marcus buys a bow and arrow from their company and while using it one day, he gets injured because of a defect in the bow that causes an arrow to misfire. Sarina is standing next to Marcus when this happens, and getsinjured also. In a product liability suit based on strict product liability, Bow&Arrow, Inc. may be liable to

Group of answer choices

neither of them

Marcus and Sarina

Sarina only

Marcus only