Answer the questions
3,4,5,6,7,8,9,10
1-4
Name: BUSINESS 3) Under the rule of proximate causation, a defendant in a negligence case can only be held liable for those damages and injuries that he/she should have foreseen might result from the defendant's negligence. to win. 4) In a negligence case, a plaintiff has to prove but-for causation or proximate causation, but not both, in order 5) Manufacturers, sellers, and distributors can be liable for injuries caused by defective products under a doctrine known as product liability. 6) If a manufacturer does not include adequate warnings with their product, it can be held strictly liable for injuries caused by the products, even if the product was manufactured as reasonably as possible. 7) In the movie "Hot Coffee", the jury awarded Stella Leibeck compensatory damages, but decided that Mcdonald's did not have to pay her punitive damages. 8) In a contributory fault state, a plaintiff who was 70% responsible for their own injuries could successfully sue and the defendant found 30% at fault for the injuries would have to pay the plaintiff 30% of his/her total damages. 9) In the film "Hot Coffee", the court awarded Colin and his family money to pay for his medical bills and this is known as economic punitive damages. defendants' conduct. 10) Tort law is the area of law allowing plaintiffs to recover money for harm they have suffered because of SHORT ANSWER: Write the answer to each of the following questions on the back of your answer sheet. (Note: each is worth a different amount of points). 1 . Michael goes to his friend's house to watch a movie and puts popcorn in the microwave before they start. While he is waiting for it to pop, sparks go off and the microwave explodes, leaving him with third degree burns and a concussion from the impact of falling backward onto the kitchen floor. At trial, his lawyer proves that the microwave was defectively manufactured because it was missing several pieces of wiring that were necessary for the microwave's safe operation. Will the manufacturer likely be found liable for products liability? Explain why or why not. (A full answer will go through an IRAC analysis, discussing the rules for product liability and whether they are or aren't met). (worth 7 points) 2. Using the facts in the previous problem... In response to the lawsuit by Michael, the defendant microwave manufacturer claims it doesn't matter if the microwave was defective because another company designed the microwaves and made the wires and so Michael can only sue that company. Will they likely be able to avoid liability on this theory? Explain why or why not? (worth 3 points) 3. What are the three theories or types of tort liability? (worth 3 points) As seen in the film "Hot Coffee," states are increasingly passing "caps on damages." Discuss what these caps are and an example of how they apply in practice. (worth 2 points) EXTRA CREDIT (worth 3 points): Explain the difference between "but-for causation" and "proximate causation."
