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Holly orders a bottle of Miller Lite at a tavern, and the bottle unexpectedly explodes in her hand severing her jugular vein.Sadly, Holly dies.Her husband,

Holly orders a bottle of Miller Lite at a tavern, and the bottle unexpectedly explodes in her hand severing her jugular vein.Sadly, Holly dies.Her husband, Dale, sues MillerCoors, the beer distributor, and the tavern for strict product liability alleging that there was a manufacturing defect in the bottle.Dale will likely

  • Win, because the doctrine of res ipsa loquitur dictates that the bottle would not have exploded unless it contained a defect introduced by the defendants
  • Lose, because Dale cannot establish how the bottle was defective or which defendant introduced the defect
  • Win, because the defendants violated their general duty of reasonable care by selling a defective bottle
  • Lose, because Holly likely caused the defect herself, after ordering the beer

Richard is walking along a sidewalk in Manhattan while talking on cell phone.As he passes the Empire State Building he is struck in the head by a falling wrench.He sues the owners of the building.He will likely

  • Win, under the doctrine of res ipsa loquitur
  • Lose, under the doctrine of contributory negligence
  • Win, because landowners are responsible for all injuries on their property
  • Lose, because Richard cannot establish what the breach of duty was

Which of the following is NOT a valid defense to a defmation suit?

  • the defendant lacked actual malice and was speaking about a public figure
  • The defendant merely misspoke with regards to false and damaging information about the plaintiff
  • The defendant, an attorney, was giving an opening statement during a trial when she spoke
  • the defendant's statement about the plaintiff was true

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