Question 1

One evening you eat at the salad bar of a restaurant.The potato salad looks a bit odd,but you stuff it down anyway.You get food poisoning from the salad,which was left at room temperature too long.If you sue the restaurant,they are likely to be:

Accepted Answer

The restaurant would be strictly liable for violating the implied warranty of fitness for consumption, as they sold food that was not safe to eat. This is a common law principle that exists for food and cannot be disclaimed by the restaurant.

Question 2

Claude Farmer wants flooring material to put in his dairy barn so that his prize cows will not have to stand on concrete.Julie Salesperson assures Claude that Like-A-Cloud rubber flooring will provide adequate cushioning for Claude's herd.Based on her assurances,Claude buys the flooring.He has:

Accepted Answer

The answer of Claude Farmer wants flooring material to put...

Question 3

In Old Island Fumigation v.Barbee,a fumigation company sprayed two condominiums.Some of the fumes leaked,without Old Island's knowledge,into a third,unprotected condominium.In this case:

Accepted Answer

In cases involving ultrahazardous activities like fumigation, strict liability applies. This means that the party engaged in the activity is liable for any harm caused, regardless of fault. Since Old Island engaged in the fumigation and it caused harm to the third, unprotected condominium, they are strictly liable for the harms caused. The other options do not apply in this scenario.

Question 4

"Sports Glasses" advertises that is product will not break when used in contact sports.A hockey player catches a stick in the face;his "Sports Glasses" break and injure him.He sues the makers of "Sports Glasses." They likely be held:

Accepted Answer

The makers of "Sports Glasses" advertised that their product will not break when used in contact sports, which is an express warranty. The fact that the glasses broke while being used in a contact sport shows that there was a breach of that warranty. Therefore, the makers of "Sports Glasses" could be held liable in strict liability based on express warranty. The other options do not apply, as assumption of risk does not absolve a manufacturer of liability, lack of technology or warranty does not excuse a breach of express warranty, and market share liability is not relevant in this case.

Question 5

The rule concerning ultrahazardous activities has been applied to:

Accepted Answer

The rule concerning ultrahazardous activities applies to activities that involve a high degree of risk and potential harm, and where the harm is often irreparable or cannot be completely mitigated. Crop dusting, chemicals in water supplies, and blasting with explosives are all activities that fall under this definition, and have been subject to the ultrahazardous activities rule in various legal cases.

Question 6

The "tort crisis" in the U.S.:

Accepted Answer

The term "tort crisis" refers to concerns about the costs and effects of litigation in the U.S., but the specific statements provided in choices A, B, C, and D are not universally accurate or may be exaggerated. The situation is complex and varies over time, and not all these statements can be broadly confirmed as accurate representations of the tort system's impact.

Question 7

Which of the following activities is an example of an ultrahazardous activity:

Accepted Answer

Ultrahazardous activities are those that are inherently dangerous and cannot be made safe even with the exercise of utmost care. Crop dusting involves the use of potentially harmful chemicals and poses a risk to not only the person performing the activity but also to others and the environment. Jumping on a trampoline and operating a nail gun, while they may pose some level of danger, can generally be made safer with proper precautions and care.

Question 8

Activity that "necessarily involves a risk of serious harm to the person,land,or chattels of another,which cannot be eliminated by the exercise of the utmost care" and "is not a matter of common usage" is called:

Accepted Answer

The activity that necessarily involves a risk of serious harm to the person, land, or chattels of another, which cannot be eliminated by the exercise of the utmost care and is not a matter of common usage is called ultrahazardous activity. Choice A (metahazardous activity) and choice D (megahazardous activity) are not commonly used terms and are not recognized legal terms. Choice B (superhazardous activity) is a similar term but not the correct legal term. Therefore, the best choice is C (ultrahazardous activity).

Question 9

Which of the following activities is an example of an ultrahazardous activity:

Accepted Answer

Ultrahazardous activities are those that inherently involve a risk of serious harm to people or property that cannot be eliminated no matter how much care is taken. Crop dusting, blasting with explosives, and transporting chemicals in a city all fall into this category due to the high risks and potential for significant damage associated with each activity.

Question 10

Negligence of other parties is irrelevant to the imposition of liability in _____________ cases.

Accepted Answer

In cases involving ultrahazardous activities, the focus is on the activity itself, rather than the conduct of the parties involved. The fact that other parties may have been negligent is irrelevant, as the very nature of the activity is inherently dangerous and may result in liability regardless of fault.

Question 11

Parties engaging in ultrahazardous activities are liable for injuries:

Accepted Answer

Ultrahazardous activities are those that involve a high degree of risk of harm to others, regardless of the level of care exercised by the person engaging in the activity. Therefore, parties engaging in ultrahazardous activities are liable for injuries caused by those activities, regardless of whether they took sufficient care or not. Choices A and B are incorrect because they imply that the injured party's actions or knowledge would release the party engaging in ultrahazardous activities from liability, which is not the case. Choice D is incorrect because it suggests that sufficient care would waive the liability, which is also not true for ultrahazardous activities.

Question 12

Parties engaging in ultrahazardous activities are liable for injuries:

Accepted Answer

Parties engaging in ultrahazardous activities are strictly liable for any injuries caused, regardless of the precautions taken. This means that even if there are warning signs, the injured party profited from the activity, or there was care shown in carrying out the activity, the party conducting the ultrahazardous activity can still be held liable.

Question 13

Which of the following activities is an example of an ultrahazardous activity:

Accepted Answer

Ultrahazardous activities are those which involve a high risk of harm even if reasonable care is exercised by the person undertaking the activity. Transporting chemicals in a city poses such a risk as it can lead to accidental exposure to harmful gases or chemicals and can have severe consequences for both humans and the environment. Jumping on a trampoline and operating a nail gun, while potentially dangerous, do not fit the criteria of an ultrahazardous activity.

Question 14

The rule concerning ultrahazardous activities has been applied to:

Accepted Answer

The rule concerning ultrahazardous activities applies to activities that involve a high degree of risk and the potential for serious harm, even with reasonable care. Crop dusting, which involves spraying pesticides from low-flying planes, is a classic example of an ultrahazardous activity because it creates a risk of harm to people, animals, and property on the ground. The other choices listed, such as restaurant food and airline crashes, do not necessarily fall under the category of ultrahazardous activities.

Question 15

In Old Island Fumigation v.Barbee,a fumigation company sprayed two condominiums.Some of the fumes leaked,without Old Island's knowledge,into a third,unprotected condominium.In this case Old Island:

Accepted Answer

Old Island would be held liable for the damages caused by the fumes leaking into the unprotected condominium, as it is their responsibility to ensure that their fumigation process does not harm neighboring properties. None of the provided choices accurately describe this responsibility or outcome.

Question 16

Which of the following activities is an example of an ultrahazardous activity:

Accepted Answer

Blasting with explosives is considered an ultrahazardous activity because of its potential for harm to people and property. Even with proper precautions, there is a high risk of accidents and damage. Jumping on a trampoline and operating a nail gun are not considered ultrahazardous activities.

Question 17

Activity that "necessarily involves a risk of serious harm to the person,land,or chattels of another,which cannot be eliminated by the exercise of the utmost care" and "is not a matter of common usage" is called:

Accepted Answer

The correct term for the activity described is "ultrahazardous activity" or "abnormally dangerous activity," which is not listed among the provided options. These activities are recognized in tort law as inherently dangerous and carry strict liability due to the high risk they pose, regardless of the precautions taken.

Question 18

The "tort crisis" in the U.S.:

Accepted Answer

According to recent data and analysis, the tort crisis in the U.S. appears to be abating, with a decrease in the number of large lawsuits and jury verdicts against corporations. While the issue is not completely resolved, there are positive developments in the trend.

Question 19

Ultrahazardous activity is activity that:

Accepted Answer

Ultrahazardous activity is an activity that necessarily involves a risk of serious harm to the person, land, or chattels of another, which cannot be eliminated by the exercise of the utmost care. It is not a matter of common usage, which means it is not a typical activity that is commonly done in everyday life. Therefore, option B is the correct choice.

Question 20

Negligence of other parties is irrelevant to the imposition of liability in _____________ cases.

Accepted Answer

In cases involving megahazardous activities, liability can be imposed regardless of any negligence by other parties. Megahazardous activities are inherently dangerous and pose a significant risk of harm to others, so strict liability is typically imposed to ensure that those engaging in such activities take proper precautions to prevent harm. Limited liability, misrepresentation, and fraud cases may involve negligence or deceit by other parties, but megahazardous activity cases do not rely on such factors.

Quiz 7: Business Torts and Product Liability

One evening you eat at the salad bar of a restaurant.The potato salad looks a bit odd,but you stuff it down anyway.You get food poisoning from the salad,which was left at room temperature too long.If you sue the restaurant,they are likely to be:

Claude Farmer wants flooring material to put in his dairy barn so that his prize cows will not have to stand on concrete.Julie Salesperson assures Claude that Like-A-Cloud rubber flooring will provide adequate cushioning for Claude's herd.Based on her assurances,Claude buys the flooring.He has:

In Old Island Fumigation v.Barbee,a fumigation company sprayed two condominiums.Some of the fumes leaked,without Old Island's knowledge,into a third,unprotected condominium.In this case:

"Sports Glasses" advertises that is product will not break when used in contact sports.A hockey player catches a stick in the face;his "Sports Glasses" break and injure him.He sues the makers of "Sports Glasses." They likely be held:

The rule concerning ultrahazardous activities has been applied to:

The "tort crisis" in the U.S.:

Which of the following activities is an example of an ultrahazardous activity:

Activity that "necessarily involves a risk of serious harm to the person,land,or chattels of another,which cannot be eliminated by the exercise of the utmost care" and "is not a matter of common usage" is called:

Which of the following activities is an example of an ultrahazardous activity:

Negligence of other parties is irrelevant to the imposition of liability in _____________ cases.

Parties engaging in ultrahazardous activities are liable for injuries:

Parties engaging in ultrahazardous activities are liable for injuries:

Which of the following activities is an example of an ultrahazardous activity:

The rule concerning ultrahazardous activities has been applied to:

In Old Island Fumigation v.Barbee,a fumigation company sprayed two condominiums.Some of the fumes leaked,without Old Island's knowledge,into a third,unprotected condominium.In this case Old Island:

Which of the following activities is an example of an ultrahazardous activity:

Activity that "necessarily involves a risk of serious harm to the person,land,or chattels of another,which cannot be eliminated by the exercise of the utmost care" and "is not a matter of common usage" is called:

The "tort crisis" in the U.S.:

Ultrahazardous activity is activity that:

Negligence of other parties is irrelevant to the imposition of liability in _____________ cases.