Question 1

Jessica files a frivolous lawsuit against Thomas claiming emotional distress because he plucked flowers from her garden without her permission.The judge exonerates Thomas.Thomas can now sue Jessica for malicious prosecution.

Accepted Answer

Since Jessica filed a frivolous lawsuit against Thomas, he has the right to sue her for malicious prosecution.

Question 2

A bystander who suffers severe emotional distress on witnessing a heinous crime can claim damages for intentional infliction of emotional distress.

Accepted Answer

The answer of A bystander who suffers severe emotional distress...

Question 3

Allenby Spares,Inc.is a shop that sells spare automotive parts from various manufacturers.A customer buys a faulty brake manufactured by TurboDiezel,Inc.from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle.Which of the following is true in this situation?

Accepted Answer

Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain. Under the doctrine of strict liability, anyone involved in the distribution chain of a defective product can be held liable for any harm caused by the product, regardless of fault. As Allenby Spares is selling the faulty brake, it is part of the distribution chain and can be held strictly liable for any harm caused by the product. TurboDiezel may also be held liable for the defect in the brake, but that would be a separate issue.

Question 4

Which of the following statements is true about strict liability?

Accepted Answer

Strict liability is liability without fault, meaning that the defendant can be held liable regardless of whether they were negligent or intended to cause harm. It can apply to a variety of different situations, including manufacturing defective products, but it is not limited to this context. Privity of contract is not required for strict liability, and it can cover both casual sales and commercial transactions.

Question 5

A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

Accepted Answer

The answer of A civil action lawsuit in which the...

Question 6

Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.

Accepted Answer

Malicious prosecution is a tort that permits a person to recover for damages resulting from the defendant's intentional and wrongful conduct, not just emotional distress resulting from negligent conduct.

Question 7

________ is the making of false statements about a competitor's products,services,property,or business reputation.

Accepted Answer

The answer of ________ is the making of false statements...

Question 8

Under the doctrine of strict liability,bystanders who are injured by a defective product are entitled to the same protection as the product's consumers.

Accepted Answer

This statement is true. Strict liability holds manufacturers and sellers responsible for injuries caused by their products, regardless of whether the injured party was a consumer or not. This means that bystanders who are injured by a defective product are entitled to the same legal protection as the product's direct consumers.

Question 9

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular.The pacemaker is manufactured by Benford,Inc.In this case,Dr.DeBenedetto,the surgeon,is considered as the dominant element.In the event that the pacemaker fails to function as expected after the surgery,who would be strictly liable for its failure?

Accepted Answer

Benford, Inc. would be strictly liable for the failure of the pacemaker as they are the manufacturer and responsible for ensuring the quality and functionality of their product. Dr. DeBenedetto, Henry, and Sacred Heart Hospital would not be held strictly liable in this situation.

Question 10

A defendant who has not been negligent but who is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover its losses.

Accepted Answer

This is known as the right of indemnification or contribution, which allows a non-negligent defendant who has been held strictly liable to seek reimbursement from a negligent party in the chain of distribution who contributed to the harm.

Question 11

According to the doctrine of strict liability,which of the following parties is strictly liable for injuries caused by a defective product?

Accepted Answer

The doctrine of strict liability holds all parties involved in the chain of distribution strictly liable for injuries caused by a defective product, including manufacturers, wholesalers, distributors, and retailers. This means that anyone in the chain of distribution who sells or distributes a defective product can be held responsible for any injuries caused by that product.

Question 12

________ is a tort doctrine that makes manufacturers,distributors,wholesalers,retailers,and others in the chain of distribution of a defective product liable for the damages caused by the defect,irrespective of fault.

Accepted Answer

Strict liability is a tort doctrine that holds manufacturers, distributors, wholesalers, retailers, and other members of the distribution chain strictly liable for any damages caused by a defective product, regardless of whether they were at fault or negligent. This is in contrast to absolute liability, which holds individuals liable for harm caused regardless of fault, and contingent liability, which holds individuals liable only if certain conditions are met. Superior responsibility is not a recognized legal doctrine.

Question 13

Bertha,a surgeon,performed a kidney transplant on one of her patients.The surgery was not successful and the patient did not survive.Which of the following statements is true in this case?

Accepted Answer

As a surgeon, Bertha was providing a service and therefore cannot be held strictly liable for the death of her patient. However, if it is found that she was negligent in her duties as a surgeon, she may be held liable for medical malpractice. Additionally, it is unlikely that the donor of the kidney would be held liable for the death of the patient, as they would have undergone rigorous testing and screening before being approved for donation.

Question 14

The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

Accepted Answer

The answer of The doctrine of strict liability holds the...

Question 15

In a lawsuit for malicious prosecution,the original defendant sues the original plaintiff.

Accepted Answer

In a lawsuit for malicious prosecution, the original defendant who was wrongfully sued sues the original plaintiff who filed the false lawsuit.

Question 16

Disparagement refers to the liability of a professional who breaches his or her duty of ordinary care.

Accepted Answer

Disparagement refers to the act of making false or misleading statements about a person or their property that may cause harm to their reputation or business. It is a type of defamation and is not related to a professional's duty of care.

Question 17

Betty buys a lawnmower,manufactured by FlatPlanes,Inc. ,from Harvey's department store.A defect in the design of the blades causes the lawnmower to kick back on operation,injuring Betty.Which of the following remedial actions is Betty entitled to?

Accepted Answer

Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability. Strict liability applies to everyone in the chain of distribution, including the manufacturer and the seller of the product. As Betty purchased the lawnmower from Harvey's department store, they can also be held responsible for the defect, making both parties liable for the injury caused to Betty.

Question 18

Martin wins a car in a lottery.As he already owns a car,he decides to sell the new one to his friend Ted.While driving the car,Ted gets into a head-on collision with another car.Due to a defect in the vehicle's Supplemental Restraint System (SRS),the airbag does not deploy and Ted is seriously injured.Which of the following statements is true of this situation?

Accepted Answer

Strict liability in product liability cases typically applies to manufacturers and sellers in the course of business. Martin, selling a car in a casual, non-business transaction, would not be held strictly liable for defects in the product.

Question 19

The ________ refers to all manufacturers,distributors,wholesalers,retailers,lessors,and subcomponent manufacturers involved in a transaction.

Accepted Answer

The term that refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction is the "chain of distribution." The other options are not appropriate definitions for this term. The demand chain refers to the process of identifying and satisfying customer needs, the chain of command refers to the organizational hierarchy and lines of authority, and the value chain refers to the series of activities that add value to a product or service.

Question 20

Strict liability applies to services but not products.

Accepted Answer

Strict liability applies to both products and services.

Quiz 6: Torts and Strict Liability