Question 1

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 2

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 3

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 provide the required safety equipment, which would have prevented her injury.

Question 4

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 posted the defamatory remark, and thus is responsible for its content and any resulting harm. The other parties may have some level of responsibility depending on their role in the situation, but Oakley is most likely to be held liable for the statement.

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....

Question 6

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

Accepted Answer

When Liu enters the Mountain Triathlon, he assumes the risks that are normally associated with the competition. This includes risks related to running, swimming, and biking such as muscle strains, sprains, fractures, or other accidents. It does not include risks that are not typically associated with the triathlon, or risks that are greater than what is normally expected. Therefore, choice D is the best answer.

Question 7

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 application of this doctrine is in the area of

Accepted Answer

The situation described in the scenario relates to product liability, which is a significant area of application for the doctrine of strict liability. Strict liability imposes liability on manufacturers and sellers of defective products, regardless of whether they exercised reasonable care or not. This is to ensure that the injured party can recover compensation for their losses without having to prove fault or negligence on the part of the defendant.

Question 8

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 negligence principles, Frank would recover

Accepted Answer

Under the "50 percent rule" comparative negligence principles, if a plaintiff is found to be more than 50 percent at fault, they cannot recover any damages. However, if they are found to be 50 percent or less at fault, their damages are reduced by their percentage of fault. In this case, Frank is found to be 20 percent at fault, so his damages are reduced by 20 percent, leaving him with a recovery of $400,000 ($500,000 - 20% = $400,000). Therefore, the correct answer is C.

Question 9

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 Dufy on a negligence theory because

Accepted Answer

The answer of Duffy is a passenger in a car...

Question 10

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 11

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 their equipment as required by state statute, which led to Keely's injury. Negligence refers to a failure to exercise reasonable care that ultimately causes harm to another person.

Question 12

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...

Quiz 4: Torts and Cyber Torts