Question 1

Jean is playing a computer game on a bad disk that melts in her drive,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 given scenario involves product liability, which is the area of law that deals with the liability of a manufacturer or seller for defective or dangerous products they place on the market. The doctrine of strict liability is a significant application of product liability that imposes liability on a manufacturer or seller for any harm caused by a defective product, regardless of whether they were negligent or acted intentionally. Therefore, the correct answer is C, product liability.

Question 2

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.Herb,George's...

Question 3

A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine.Steel Company's (SC's)equipment does not have the switches.Trudy,an SC employee,suffers an injury that an accessible shut-off switch would have prevented.Trudy's best theory for recovery against SC is

Accepted Answer

Negligence per se occurs when a defendant violates a statute that was designed to protect a certain class of people from harm, and that violation causes injury to a member of that class. In this case, the state statute requiring automatic shut-off switches was designed to protect employees from harm, and Trudy's injury was a result of SC's failure to comply with the statute. Therefore, Trudy's best theory for recovery against SC is negligence per se.

Question 4

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.Key,a patron,is injured.Jack's has committed

Accepted Answer

Negligence per se occurs when a defendant's conduct violates a statute or regulation that was enacted to protect a certain group of people. In this case, the Iowa state statute was enacted to protect patrons of amusement parks, and Jack's Fun Park failed to maintain its equipment in the specific condition required by the statute. Therefore, Jack's has committed negligence per se.

Question 5

Nico is a passenger in a car driven by Owen,whose negligence causes an accident,injuring himself.Nico,uninjured,accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin,injuring Nico.Nico files a suit against Owen,whose best defense is

Accepted Answer

The best defense for Owen would be superseding cause. A superseding cause is an unforeseeable event that interrupts the chain of causation between the defendant's negligent act and the plaintiff's injury. In this case, the unforeseeable event was Quin's car hitting the ambulance, which caused injury to Nico. This would break the chain of causation between Owen's initial negligence and Nico's injury, and therefore, Owen may not be held liable for Nico's injury caused by Quin's actions.

Question 6

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks

Accepted Answer

Clyde assumes the risks normally associated with the Decathlon, which is the standard assumption made by participants in any sporting event. They understand that participating in these events carries a certain inherent risk, and they willingly accept that risk as part of the competition. This is why it is important for athletes to sign waiver agreements before participating in any sporting event.

Question 7

After two years of research and an investment of a substantial amount of money,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 when it was in development.What legal recourse does CC have against National

Accepted Answer

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

Question 8

Drake pushes Evon into the path of an oncoming car driven by Flip.Gina tries to rescue Evon.Drake is liable for any injuries to

Accepted Answer

Drake's actions directly caused harm to Evon by pushing them into the path of an oncoming car. As a result, any injuries suffered by Evon and Flip are the direct responsibility of Drake. Additionally, Gina's attempt to rescue Evon was a direct response to the dangerous situation created by Drake, so any injuries suffered by Gina are also the responsibility of Drake. Therefore, Drake is liable for any injuries suffered by Evon, Flip, and Gina.

Question 9

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...

Question 10

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 is

Accepted Answer

The answer of Oakley posts a defamatory remark about Pierre...

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 negligence principles,Frank would recover

Accepted Answer

Under the "50 percent rule," if Frank is found to be 50 percent or more at fault, he cannot recover at all. Since Frank is only 20 percent at fault, he can recover, but his damages will be reduced by his percentage of fault. Therefore, he would recover 80 percent of $500,000, which is $400,000.

Question 12

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, as stated in the prompt.

Quiz 5: Torts,cyber Torts,and Strict Liabiity