Question 1

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable​

Accepted Answer

A battery is defined as the intentional, harmful or offensive touching of another person without their consent. Shoving someone can be considered an offensive touching, therefore, if the shove was offensive, Stephanie would be liable for battery regardless of whether Rosario's did overcharge her, whether she acted out of malice, or whether there was physical injury.

Question 2

Arrow Straight Corporation makes archery supplies. While using an Arrow Straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley, another archer standing by is also injured. In a product liability suit based on strict product liability, Arrow Straight may be liable to​

Accepted Answer

Arrow Straight Corporation may be liable to Jamie and Kaley under strict product liability because both individuals were injured due to a defect in the Arrow Straight bow. Strict product liability holds manufacturers liable for injuries caused by defects in their products, regardless of fault or negligence.

Question 3

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and​

Accepted Answer

The court may consider whether there is a foreseeable risk of harm posed by the pacemaker and whether the omission of a warning renders the pacemaker not reasonably safe. This is because manufacturers have a duty to warn consumers of any potential risks associated with their products. If the court finds that there was a foreseeable risk of harm and that the pacemaker was not reasonably safe without a warning, then MedBeat may be held liable for any resulting injuries. The other answer choices (B, C, and D) may be relevant to other product liability cases, but are not directly applicable to the issue of a warning defect.

Question 4

Marcos wants to buy Lucia's land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is​

Accepted Answer

Marcos' unrelenting effort to force Lucia to sell her land using subpoenas, court orders, and other formal legal procedures constitutes abuse of process, which is a tort that involves the misuse of the legal system for an ulterior purpose.

Question 5

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue​

Accepted Answer

Nasir can sue Ladd because Ladd committed the tort of battery by intentionally throwing a rock and causing harm to Nasir.

Question 6

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is​

Accepted Answer

Accusing someone or a corporation of cheating on taxes without any evidence and with the intent to damage their reputation is a clear example of defamation. It is not an opinion and it doesn't matter if it was communicated orally or in writing. The fact that it was communicated to a reporter through social media makes it even more damaging as it can reach a wider audience.

Question 7

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is​

Accepted Answer

The answer of Driving his motorcycle negligently, Joe crashes into...

Question 8

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she​

Accepted Answer

The answer of Good Cookin' Products Company makes heat convection...

Question 9

Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to​

Accepted Answer

As an engineer, Ricci is held to the reasonable engineer standard, meaning that he is expected to perform his duties with the same level of skill and care that a reasonable engineer would use under similar circumstances.

Question 10

In making and marketing tools and other do-it-yourself home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions against​

Accepted Answer

Do-It-Rite Corporation is only required to take precautions against foreseeable misuses of their products, which means they need to anticipate and guard against potential misuse that is reasonably expected or likely to occur. They are not expected to prevent every conceivable misuse, as some uses may be unpredictable or unforeseen. They are also not expected to prevent obvious misuses, as these should be apparent to the user and should be avoided without additional warnings or precautions.

Question 11

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for​

Accepted Answer

Brady made a false statement of fact, with knowledge of its falsity, with the intention of deceiving Celia, and Celia justifiably relied on the statement to her detriment. This constitutes fraudulent misrepresentation, which is a tort for which Celia can sue Brady for damages.

Question 12

Shelby owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury​

Accepted Answer

Under the theory of strict liability, the defendant (Shelby) is liable for any harm caused by their activities, regardless of fault or foreseeability. Therefore, Shelby must pay for Thelma's injury, regardless of whether or not the R&R crew was at fault, as long as the injury was caused by R&R's demolition activities.

Question 13

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

Accepted Answer

The best defense for Temp-Set Corporation would be the knowledgeable user defense, which argues that Stan, as an air conditioning and heating technician, should be knowledgeable about the potential dangers associated with installing thermostats and therefore assumed the risk of being shocked.

Question 14

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider​

Accepted Answer

An available alternative design is relevant in determining whether a product has a design defect. Erna's intended use for the phone is also relevant to the case, but it is not the best choice in this scenario. DefDeals' method of accounting is irrelevant to the product liability suit. ClearCall's quality control efforts may be relevant, but they are not as important as the existence of an available alternative design.

Question 15

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for​

Accepted Answer

False imprisonment refers to the intentional confinement or restraint of a person's freedom without justification or lawful authority. In this case, Diego was held in jail for a month due to a police error, despite the court order for his release. This constitutes false imprisonment, and thus the police are likely liable for their actions.

Question 16

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for​

Accepted Answer

Street Bikes is most likely liable for negligence because they failed to exercise due care to make the bicycle safe, which resulted in Theo's injury. Assumption of risk and commonly known danger may be defenses for Street Bikes, but only if Theo was aware of the risks involved and voluntarily chose to assume those risks or if the danger was so commonly known that it would not be reasonable to expect Street Bikes to take additional precautions. Product misuse would only be a defense if Theo had used the bicycle in a way that was not intended or foreseeable by Street Bikes.

Question 17

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because​

Accepted Answer

Strict liability is imposed on activities that are extremely risky, such as using explosives for land preparation. This means that Level Grade Engineering, Inc. would be held liable for any harm caused by their use of explosives, regardless of whether or not they were negligent or careless in their actions.

Question 18

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's​

Accepted Answer

In deciding whether a product has a design defect, the court may consider whether a reasonable alternative design existed that would have reduced or eliminated the risk of harm. This involves balancing the advantages and disadvantages of the alternative design in light of the product's intended use, and considering factors such as feasibility, cost, and impact on product performance. Popularity among industrial designers and consumers, weight and heft, and aesthetics are not relevant to determining whether a design defect exists.

Question 19

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​

Accepted Answer

Outdoor Sports Unlimited only needs to warn its customers of foreseeable risks. It is not required to warn of all possible risks, as some may be too remote or unlikely. It is also not required to warn of obvious risks, as customers should be expected to recognize these on their own. However, it must warn of foreseeable risks that a reasonable person would not expect, such as hidden dangers or unusual hazards.

Question 20

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys igniters, tubing, and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strictly liable for any damage caused by the defects​

Accepted Answer

Both Hearth & Home and Inflame are involved in the supply chain for the stoves and fireplaces. Therefore, they are both potentially liable for any defects in the parts supplied by Inflame.

Quiz 3: Tort Law and Product Liability

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable

Marcos wants to buy Lucia's land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she

Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to

In making and marketing tools and other do-it-yourself home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions against

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for

Shelby owns Reclamation & Restoration (R&R) , a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys igniters, tubing, and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strictly liable for any damage caused by the defects

Quiz 3: Tort Law and Product Liability

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable​

Marcos wants to buy Lucia's land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is​

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue​

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is​

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is​

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she​

Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to​

In making and marketing tools and other do-it-yourself home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions against​

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for​

Shelby owns Reclamation & Restoration (R&R) , a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury​

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider​

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for​

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for​

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because​

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's​

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys igniters, tubing, and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strictly liable for any damage caused by the defects​

After a dinner at Rosario's Italian Eatery, Stephanie believes that she was overcharged and shoves Thom, the waiter. Thom sues Stephanie, alleging that the shove was a battery. Stephanie is liable

Marcos wants to buy Lucia's land, but she refuses to sell. Marcos begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Lucia to sell. This is

Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is

Good Cookin' Products Company makes heat convection ovens. Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, Heidi must show that she

Ricci, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Ricci is sued by motorists and hikers injured in the collapse. As a professional, Ricci is held to

In making and marketing tools and other do-it-yourself home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions against

Brady knows that the brakes on his car do not work, but he tells Celia, a potential buyer, that there are no problems with the car. On this assurance, Celia buys the car. On learning the truth, she may sue Brady for

Shelby owns Reclamation & Restoration (R&R) , a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Thelma, a spectator. Under the theory of strict liability, Shelby must pay for Thelma's injury

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of

To assemble and sell stoves and fireplaces, Hearth & Home, Inc., buys igniters, tubing, and other parts from Inflame Stove & Fireplace Parts and installs them without changing them. If the parts are defective, strictly liable for any damage caused by the defects