Question 1

Under concepts articulated in MacPherson v.Buick,a manufacturer of a defective product is liable only to the purchaser of the product and not to every user.

Accepted Answer

MacPherson v. Buick established the principle that a manufacturer owes a duty of care to all foreseeable users of its products, and not just the purchaser. Therefore, a manufacturer can be held liable for injuries caused by a defective product to anyone who could have reasonably been expected to use it, not just the purchaser.

Question 2

Regarding defamation,a qualified privilege exists in courtrooms and legislative hearings.

Accepted Answer

The answer of Regarding defamation,a qualified privilege exists in courtrooms...

Question 3

Faron has a toothache and is driving to the dentist.He's in a lot of pain,so he speeds down the road 20 miles over the speed limit.If he has an accident,it is an intentional tort and not negligence because he knowingly was speeding.

Accepted Answer

Speeding, even knowingly, and causing an accident would typically be considered negligence rather than an intentional tort because there was no deliberate intention to cause harm to others.

Question 4

A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.

Accepted Answer

This is the basic principle of negligence law. A duty of care is the legal obligation to take reasonable care to avoid causing harm to others. If there is no duty owed, there cannot be a breach of that duty, and therefore, there cannot be negligence.

Question 5

A public official or public figure can win a defamation case only by proving actual malice by the defendant.

Accepted Answer

The answer of A public official or public figure can...

Question 6

In Palsgraf v.Long Island Railroad Co.,the court first articulated and established the concept of proximate cause.

Accepted Answer

The statement is correct. In Palsgraf v.Long Island Railroad Co., the court established the concept of proximate cause.

Question 7

Faye is driving when she sees an accident occur a half mile in front of her.Sarah has negligently swerved her car,forcing Lindsay's car off the road and into a tree.Lindsay is thrown from the car and appears injured.Faye stops to render aid,and while helping Lindsay,she slips and breaks her leg.Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and Sarah's act was not the proximate cause of Faye's injury.

Accepted Answer

Foreseeability and proximate cause are both elements required for negligence liability. While Sarah's act of swerving and forcing Lindsay off the road was the proximate cause of Lindsay's injuries, it was not foreseeable that Faye would stop to render aid and subsequently injure herself while helping. Therefore, Sarah is not liable in negligence for Faye's injury.

Question 8

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store.The store's management may hold her as long as it takes to get her to confess.

Accepted Answer

The store is not legally allowed to hold Jessica for an indefinite amount of time in order to get her to confess. Jessica has the right to request a lawyer and cannot be coerced into confessing. The store can contact law enforcement to handle the situation, but they cannot hold her without her consent or a legal basis for detention.

Question 9

The Restatement (Third)of Torts is currently the most recent edition.

Accepted Answer

The Restatement (Third) of Torts is the most recent edition, as of 2021.

Question 10

Employers,in some states,enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice.

Accepted Answer

The answer of Employers,in some states,enjoy an absolute privilege when...

Question 11

When Ford runs a commercial stating that Fords are better than Chevrolets and that "you'll be happier if you buy a Ford," Ford is committing trade libel.

Accepted Answer

Trade libel involves making false statements about a competitor's products, not expressing opinions or making subjective claims like "you'll be happier if you buy a Ford."

Question 12

A party who is injured by another's negligence but is found to have committed comparative negligence will recover nothing.

Accepted Answer

A party who is injured by another's negligence but is found to have committed comparative negligence may still recover damages, but the amount will be reduced in proportion to their degree of fault.

Question 13

Your professor is in the middle of her lecture when the dean from a competing school walks into class and offers her a position at his school at double her present salary.When she asks when the position will start,he says tomorrow.Your professor looks at the class,says good-bye,and walks out to start cleaning out her office.Your school can sue your professor for tortious interference with an existing contractual relationship.

Accepted Answer

The answer of Your professor is in the middle of...

Question 14

Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school.The students are actually as qualified as any other students admitted to the school.The students may sue Professor Smith for slander.

Accepted Answer

The answer of Professor Smith announces to his dean that...

Question 15

Negligence may result from either an intentional or unintentional act.

Accepted Answer

Negligence refers to a failure to exercise reasonable care that results in harm to another person. While intentional acts can also result in harm, negligence specifically refers to unintended harm caused by a failure to exercise reasonable care.

Question 16

Assume that Iowa has passed a law requiring that motorcycle owners must ensure that anyone riding or operating their motorcycle wear a helmet.Marta enters an Iowa Harley-Davidson store and wants to take a test ride.She doesn't have a helmet with her and the dealership doesn't have one available in her size,so the proprietor lets her go without one.If she crashes and is injured,the proprietor has committed negligence per se.

Accepted Answer

The proprietor has violated the law by letting Marta take a test ride without a helmet, which is negligence per se. This means that the violation of a statutory duty automatically constitutes negligence.

Question 17

Product disparagement statutes generally protect industries,companies,and corporations but not individuals.

Accepted Answer

Product disparagement statutes are usually enacted to protect industries, companies, or corporations from false statements that harm their reputation or sales. These statutes do not typically apply to individuals who are not affiliated with a business.

Question 18

Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.

Accepted Answer

Courts can enforce fraudulent misrepresentation for both intentional lies and negligent misrepresentations if the misrepresentation led the plaintiff to enter into a contract or agreement under false pretenses. Negligent misrepresentation occurs when an individual fails to exercise reasonable care to ensure the information is accurate.

Question 19

Bilston has shoplifted at a local store,stealing three mobile phones.The theft is not detected until store camera videos are examined later that afternoon.Store management has the right to go to Bilson's home and detain him until police arrive.

Accepted Answer

Store management does not have the legal right to detain Bilston. Only law enforcement officials can lawfully detain a suspect. Store management should contact the police and provide them with the evidence they have collected.

Question 20

Bryant is drunk and driving his car 20 miles over the speed limit.He hits Angelina,who is crossing the street against a red light.Angelina has over $95,000 in medical bills and has significant pain and suffering.If Angelina sues in a state that still follows the theory of contributory negligence,she will get nothing.

Accepted Answer

Contributory negligence is a legal doctrine that states that if a plaintiff (in this case, Angelina) contributed in any way to their injuries, they cannot recover any damages from the defendant (in this case, Bryant). Therefore, if the state still follows the theory of contributory negligence, Angelina will not receive any compensation from Bryant for her injuries, regardless of his level of fault.

Quiz 9: Torts and Products Liability