Question 1

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 is most likely to be held liable for the defamatory remark as they are the individual who posted it.

Question 2

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 prod?uct. 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 re?course does CC have against National?

Accepted Answer

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

Question 3

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

Accepted Answer

Liu assumes the risks normally associated with the triathlon. The principle of assumption of risk means that a person who voluntarily engages in an activity assumes the known risks associated with that activity. Since Liu has entered the Mountain Triathlon competition voluntarily, he assumes the risks that are normally associated with the triathlon.

Question 4

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 applies in product liability cases, where a manufacturer can be held liable for any harm caused by a defective or dangerous product, regardless of whether or not they were negligent in creating the product. Jean's case is an example of product liability, as she was injured by a defective product (the game disk).

Question 5

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 6

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 7

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 is negligence. Steel Company breached their duty of care by failing to comply with the state statute requiring the shut-off switches. Trudy suffered an injury that was a foreseeable consequence of Steel's failure to have the switches, and therefore Steel is liable for Trudy's damages. Assault, assumption of risk, and invasion of privacy are not applicable here.

Question 8

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 9

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

The scenario describes negligence on the part of Jack's Fun Park for failing to maintain its equipment in accordance with state statute, which ultimately led to Keely's injury. Negligence is the failure to exercise the level of care that a reasonable person would in similar circumstances, resulting in harm to another person.

Question 10

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 11

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 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 subcon?trac?tor 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