Question 1

Will enters the Xtreme Decathlon, an athletic competition, an event in which Will has competed before. Regarding the risk of injury, Will assumes

Accepted Answer

When participating in a known athletic competition, such as the Xtreme Decathlon, Will assumes the risks normally associated with the event. These risks are usually foreseeable and inherent to the sport, such as sprains, strains, or fractures. Will should take measures to minimize these risks, such as warming up properly, wearing appropriate gear, and following the rules of the event. However, Will should not assume risks that are outside of the scope of the competition, such as being assaulted by another competitor or being injured by malfunctioning equipment.

Question 2

A state statute requires machinery in food processing plants to include automatic shut-off switches accessible to each employee working on the machine. Fruit Company's (FC's) equipment does not have the switches. Greg, an FC employee, suffers an injury that an accessible shut-off switch would have prevented. Greg's best ground for recovery is that FC committed

Accepted Answer

Negligence per se occurs when a defendant violates a statute, and that violation results in harm to the plaintiff. In this case, FC violated the state statute requiring accessible shut-off switches, and Greg was injured as a result. Therefore, Greg's best ground for recovery is negligence per se.

Question 3

Beta Services (BS) is an Internet service provider. On a BS online bulletin board, Carl, a BS customer, posts a defamatory remark about Delta Company. Delta could successfully file a suit against

Accepted Answer

Delta could successfully file a suit against Carl only, as he is the one who made the defamatory remark. Under the Communications Decency Act, Internet service providers like BS are generally not held liable for defamatory content posted by their users.

Question 4

Lola files a suit against Mac, a medical doctor, alleging negligence. As a physician, Mac is held to the standard of

Accepted Answer

As a medical doctor, Mac is held to the standard of a reasonable physician, meaning the standard of care expected is that of a competent medical professional in the same specialty or field.

Question 5

Reilly makes a misrepresentation to Sonny, a consumer, who buys Reilly's product. In using the product, Sonny suffers an injury. To serve as a basis for recovery, the misrepresentation must concern

Accepted Answer

For a misrepresentation to serve as a basis for recovery in a consumer injury case, it must concern a material fact, or a fact that is central to the transaction and could influence the decision of the consumer to purchase the product. National, ethereal, or scientific facts may not necessarily be material in the context of the product being sold.

Question 6

In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under

Accepted Answer

A Good Samaritan statute provides legal protection to individuals who voluntarily give reasonable assistance to those who are injured or in danger. In most cases, the statute would protect Lori from being sued by Mike for any alleged negligence in rendering aid to him.

Question 7

Eve is injured when she slips and falls in Finest Discount Warehouse. Eve files a suit against Finest for $50,000. Under a "pure" comparative negligence rule, Eve could recover damages from Finest

Accepted Answer

Under a pure comparative negligence rule, a plaintiff can recover damages regardless of their level of fault. The damages awarded will be reduced by their percentage of fault. Therefore, Eve could recover damages from Finest whether she was less, more, or equally at fault.

Question 8

Steve, a television news reporter, knowingly broadcasts an untrue story claiming that Medi-Drugs, Inc., markets a medicine for children that contains highly addictive drugs. Steve is liable for

Accepted Answer

Steve is liable for slander of quality because he broadcast a false statement that harms Medi-Drugs' product quality and reputation.

Question 9

Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted

Accepted Answer

Negligence occurs when someone fails to act in a reasonably careful manner, meaning that a reasonable person would have foreseen the potential harm caused by their actions. Dropping a bowling ball on someone's foot is an action that a reasonable person would recognize as potentially harmful, so if Jay did not take reasonable care to avoid dropping the ball on Kyla's foot, he could be held liable for negligence. None of the other choices (A, C, D) are relevant to the concept of negligence.

Question 10

GR8 Skates Company makes and sells a pair of skates to Hugh. GR8 fails to exercise "due care" to make the skates safe, and Hugh is injured as a result. GR8 is most likely liable for

Accepted Answer

GR8 Skates Company's failure to exercise "due care" in making safe skates is an act of negligence, which is a breach of its duty of care towards the consumer. As a result, the company is most likely liable for Hugh's injuries. Option A, assumption of risk, would only apply if Hugh knew about the potential for harm and willingly took the risk. Option B, knowledgeable use, means that the consumer knows how to use a product correctly, which is not relevant in this case. Option D, product misuse, would only be applicable if Hugh used the skates in a way that was not intended, which is not indicated in the scenario.

Question 11

Ollie transmits unsolicited ads to millions of virtual mailboxes, using misleading and deceptive information, including false return addresses. Under federal law, this is

Accepted Answer

Ollie's actions constitute as spamming, which is illegal under the CAN-SPAM Act of 2003. This act prohibits the use of misleading subject lines and false return addresses in unsolicited commercial emails. The act applies to all commercial emails sent within the United States, regardless of whether the recipients previously asked to be "opted out" or their location. Therefore, Ollie's actions are considered a crime.

Question 12

Ida intentionally mislabels her product in order to increase sales. Jay, a consumer, buys Ida's product. In using it, Jay suffers an injury. To recover for the injury on the basis of the misrepresentation, Jay must

Accepted Answer

In order for Jay to recover for the injury based on the misrepresentation, he must rely on the misrepresentation made by Ida. This means that he must have been influenced or deceived by the mislabeling of the product in order to make the purchase. The other choices (A, B, and C) are not relevant in this situation.

Question 13

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the

Accepted Answer

The answer of Driving his sport utility vehicle negligently, Bart...

Question 14

Yard Tool Company makes and leases a backhoe to Zoe. Due to a defect attributable to Yard Tool's negligence, Zoe is injured in an accident in which her neighbor Aron is also hurt. In a product liability suit based on negligence, Yard Tool may be liable to

Accepted Answer

Yard Tool can be held liable to both Zoe and Aron as they both suffered harm as a result of the defect in the backhoe. As the manufacturer and lessor of the backhoe, Yard Tool has a duty to ensure that the equipment is reasonably safe for its intended use. Their negligence in failing to do so resulted in the injuries suffered by Zoe and Aron.

Question 15

Farm Equip, Inc., makes farming machinery. Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence. To win, Gail must show that

Accepted Answer

Gail must show that she suffered an injury caused by the defect. The other choices are not relevant to proving product liability based on negligence.

Question 16

Sharp Computer Corporation makes hard drives. Tally discovers that her Sharp drive is defective and sues the maker for product liability based on misrepresentation. To win, Tally must show that

Accepted Answer

In order to win a product liability case based on misrepresentation, Tally must show that she relied on a misrepresentation by Sharp. The other choices are not relevant to a misrepresentation claim.

Question 17

Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because

Accepted Answer

Strict liability is imposed on activities that are of a dangerous nature, regardless of the level of care taken by the party engaging in the activity. The use of dynamite in land preparation is inherently dangerous, which is why strict liability is imposed on Earth Movers, Inc. Neither the fact that Earth is a corporation nor the involvement of the government in highway construction is relevant to the imposition of strict liability.

Question 18

Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed

Accepted Answer

The answer of Ian steals a business law textbook from...

Question 19

In newspaper ads, Super! Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. Super! has most likely committed

Accepted Answer

Slander of title involves making false statements about another's property, such as falsely claiming that a competitor sells stolen cars, which can harm the competitor's business.

Question 20

Kit carelessly bumps into Luke, knocking him to the ground. Kit has committed the tort of negligence

Accepted Answer

Negligence requires a breach of duty that causes harm. If Luke is not injured, then there is no harm caused, and therefore no negligence. But if Luke is injured, then Kit's careless act of bumping into him constitutes a breach of duty, as Kit had a duty to exercise reasonable care in his movements, and this breach of duty caused harm to Luke. Therefore, negligence has been committed if Luke is injured.

Quiz 6: Torts and Product Liability