A ____ is a manufacturer's assurance that a product will meet certain quality and performance standards.

a.pledge

b.none of the other choices are correct

c.warranty

d.certificate of quality

e.certificate of use

The notion of cause in fact in a tort is also called the "but for" or sine qua non rule.

a. Trueb. False

To win a case based on strict liability against a producer, the plaintiff must show that the product was defective, that a defect in it caused it to be dangerous, and the defect was the proximate cause of the injury.

a. Trueb. False

A tort is broadly defined as a criminal wrong, other than a breach of contract, for which the law provides a remedy.

a. Trueb. False

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

a.assault

b.defamation

c.duress

d.false imprisonment

e.battery

Intentional torts are based on:

a.assumption of care

b.carelessness

c.obsequiousness

d.negligence

e.willful misconduct

The tort of fraud requires the wrongdoer to intentionally mislead another party.

a. Trueb. False

Fraud, misrepresentation, fraudulent misrepresentation and deceit are all examples of torts caused by:

a.deliberate deception

b.premeditated harm

c.intentional battery

d.tax evasion

e.accidental deception

In a case of intentional interference with contractual relations the claim is:

a.none of the other choices are correct

b.the injured business's contractual relations were wrongfully interfered with by another party

c.the injured business's contractual relations were hindered by international regulations

d.the injured business's contractual relations were illegal

e.the injured business's contractual relations were rightfully interfered with by another party

A tort is:

a.negligent injury that can result in fines or imprisonment for less than one year

b.a felony

c.none of the other choices

d.a civil wrong not a breach of contract

e.a criminal act

Privity is:

a.a legal relationship

b.an understanding between partners

c.an unwritten contract

d.a written relationship

e.none of the other choices are correct

The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is:

a.fraud-based liability

b.caveat emptor

c.none of the other choices

d.express warranty

e.proximate cause

InSquish La Fish v. Thomco Specialty Products, involving an adhesive that did not work as hoped in product packaging, Squish La Fish sued the adhesive seller for negligent misrepresentation because:

a.Squish La Fish felt that it relied on Thomco's false information about the adhesive and suffered economic losses as a result

b.all of the specific choices

c.Thomco raised the price of the adhesive after Squish La Fish agreed to buy it

d.Squish La Fish could not use the adhesive because it was toxic

e.none of the specific choices

An implied warranty is:

a.one the law inserts into the relationship regardless of the actual contract terms

b.one the consumer insists on

c.one the manufacturer contractually provides to the consumer

d.none of the other choices are correct

e.illegal in many states

Frustration over the difficulties of proving negligence led to the move in tort law from a negligence standard to a strict liability standard.

a. Trueb. False

A major purpose of tort law is to:

a.impose criminal penalties on the negligent

b.replace the insurance industry

c.ensure the effective operation of the Due Process Clause

d.provide compensation for injured parties by wrongdoers

e.ensure Equal Protection of the 14thAmendment is operational

the reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person meets is:

a.the law presumes no particular standard of care; each case is evaluated individually

b.ordinary care or due care

c.minimal cared.none of the other choices

e.extraordinary care

For there to be a tort of negligence, there must be a causal connection between the alleged negligent conduct and the harm suffered.

a. Trueb. False

Meddling with another's business in an unreasonable and improper manner to improve one's own place in the market it an example of the tort of:

a.interference with intent

b.none of the other choices

c.interference with business practices

d.interference with competition

e.interference with prospective advantage

Negligence torts are based on the idea that:

a.businesses make more money than individuals and so are financially capable of compensating victims of accidents

b.society owes victims of accidents compensation

c.we have a duty to conduct ourselves in all situations so as not to create unreasonable risk of harm or injury to others

d.if business are not held responsible for injuries caused by carelessness they will become even more careless

e.none of the other specific choices