Question 1

Frank slips and falls on Guy's Harbor Tour Boat and is injured.Frank files a suit against Guy's for $500,000.If Frank is 20 percent at fault and Guy's is 80 percent, under the "50 percent rule" comparative neg-ligence principles, Frank would recover

Accepted Answer

Under the "50 percent rule" comparative negligence principle, if a plaintiff is more than 50 percent at fault, they cannot recover anything. In this case, Frank is found to be 20 percent at fault, which means he can still recover damages, but his recovery will be reduced by his percentage of fault, which is 20 percent. Therefore, Frank can recover 80 percent of the $500,000, which is $400,000.

Question 2

Jean is playing a video game on a defective disk that melts in her game player, starting a fire that injures her hands.Jean files a suit against K-Tech, Inc., the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant appli-cation of this doctrine is in the area of

Accepted Answer

Strict liability is a legal doctrine that holds manufacturers responsible for injuries caused by their products, regardless of whether or not they were negligent in their production or design. This falls under the category of product liability.

Question 3

Richard is an avid baseball fan and attends baseball games whenever he can.Richard considers himself an expert on all things, including risks, related to baseball.One day a ball flies into the stands, hits Richard in the head and seriously injures him.Richard can probably successfully win a case against the sports stadium based on

Accepted Answer

The answer of Richard is an avid baseball fan and...

Question 4

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed.Regarding the risk of injury, Liu assumes the risks

Accepted Answer

By entering the Mountain Triathlon, Liu is assuming the risks that are normally associated with the competition. This would include risks such as injury from running, cycling, or swimming, as well as accidents that can occur during the race. While Liu may also face additional risks depending on their own personal physical condition and the conditions of the competition, they are still assuming the normal, expected risks of participating in the Mountain Triathlon.

Question 5

George has a badly infected right foot.Herb, George's physician, prescribes amputation.George agrees.During the operation, Herb amputates the left foot.In George's suit against Herb, George's best theory for recovery is

Accepted Answer

The answer of George has a badly infected right foot.Herb,...

Question 6

A Rhode Island state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine.Steel Company's equipment does not have the switches.Trudy, a Steel employee, suffers an injury that an accessible shut-off switch would have prevented.Trudy's best theory for recovery is

Accepted Answer

Trudy's best theory for recovery would be negligence on the part of Steel Company for failing to comply with the Rhode Island state statute that requires accessible automatic shut-off switches. This statute establishes a duty of care owed by the company to its employees, and the failure to provide the necessary safety measures would be a breach of that duty. Trudy's injury resulting from this failure would be a foreseeable consequence of Steel Company's negligence, making them liable for her damages.

Question 7

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street.Ralph and Speedy are liable to

Accepted Answer

The answer of Ralph, a van driver for Speedy Delivery...

Question 8

Precise Engineering Corporation has a contract with Quik Mart Stores to provide customized software for Quik's inventory control system.Retail Outlets, Inc., Quik's competitor, induces Sam, a Precise subcontractor who is writing code for the Quik software, to delay delivery of the code for one week.As a result, Precise's delivery of the software is delayed, and Quik sustains $500,000 in lost profits.On what ground could Quik recover damages from Retail Outlets?

Accepted Answer

The answer of Precise Engineering Corporation has a contract with...

Question 9

After two years of research and the investment of considerable funds, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits.CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical product.CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product while it was in development.What legal recourse does CC have against National?

Accepted Answer

The answer of After two years of research and the...

Question 10

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons.Jack's Fun Park fails to maintain its equipment.Keely, a patron, is injured.Jack's has committed

Accepted Answer

Jack's Fun Park has committed negligence by failing to maintain its equipment as required by the state statute, which resulted in Keely's injury. Negligence refers to a failure to exercise reasonable care that results in harm or injury to another person.

Question 11

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider.Most likely to be held liable for the remark will be

Accepted Answer

Oakley made the defamatory remark and therefore would be liable for any resulting harm caused by the remark. Roominate and SocNet may have some liability if they were aware of the defamatory comment and failed to remove it, however, they would not be held primarily liable for Oakley's actions. Pierre would not be held liable as he was the victim of the defamatory remark.

Question 12

Duffy is a passenger in a car that Caleb is driving when an accident occurs.Both Caleb and Duffy are emotionally rattled, but neither is physically hurt.Caleb is not liable to Duffy on a negligence theory because

Accepted Answer

Negligence requires actual harm or injury. Since Duffy was not physically injured, Caleb is not liable under a negligence theory.

Quiz 5: Torts and Strict Liability