Ethics Chapter 7
An intentional invasion of a person's solitude is labeled a(n) ________ if it would be highly offensive to a reasonable person. A) false light B) intrusion C) assault D) fraud
B An intentional invasion of a person's solitude is labeled an intrusion if it would be highly offensive to a reasonable person. Physical intrusions such as opening an employee's mail or more subtle strategies such as an electronic probe of an employee's bank account are examples of tortious intrusion.
A warranty is simply a non-contract-based guarantee.
False A warranty is simply a contractually based guarantee. If the product does not conform to the standards of the warranty, the contract is violated (breached), and the wronged party is entitled to recovery.
A description of goods which is made part of the basis of a bargain creates an implied warranty that the goods shall conform to the description.
False Any description of goods which is made part of the basis of a bargain creates an express warranty that the goods shall conform to the description.
Intentional torts involve voluntary acts that harm the public at large.
False Intentional torts are civil wrongs that involve voluntary acts that harm a protected interest. Intent is established by showing the defendant meant to do the act that caused the harm. The plaintiff need not show that the harm itself was intended. The defendant would be liable for all reasonably foreseeable injuries from that intentional act. A crime is regarded as a public wrong as it breaches a duty to society as a whole.
Res ipsa loquitur requires a showing that the accident happened due to the defendant's negligence.
False Res ipsa loquitur requires a showing that (1) the injury was caused by an instrumentality under the control of the defendant, (2) the accident ordinarily would not happen absent the defendant's negligence, and (3) no evidence of other causes for the accident are found. The doctrine of res ipsa loquitur (the thing speaks for itself), in some cases, permits the court to infer the defendant's negligence even though that negligence cannot be proved.
Libel is the spoken form of the tort of defamation.
False Slander is the spoken form of the tort of defamation. Uttering an untruth about another may constitute a tort. Libel is defamation in print or some other tangible form such as a picture, movie, or video.
To establish a successful negligence claim, a plaintiff must establish that the defendant intentionally breached a duty of due care to the plaintiff.
False To establish a successful negligence claim, the plaintiff must establish that the defendant owed a duty of due care to the plaintiff. In general, the standard applied is that of the fictitious reasonable person. This fictitious reasonable person acts prudently, sensibly, and responsibly.
Victims of negligence in a product liability case can bring actions against only manufacturers of the defective product.
False Victims of negligence in a product liability case can bring actions against all careless parties in the chain of production and distribution. Historically, consumers dealt face-to-face with producers and could bring breach of contract claims if injured by a defective product. However, the development in the modern era of multi-layered production and distribution systems eliminated that contractual relationship between producer and consumer, making it difficult for consumers to sue producers. As a result, victims of negligence are often permitted to bring actions against all careless parties in the chain of production and distribution.
A full warranty requires free repair of any defect.
True A full warranty requires free repair of any defect. If repair is not achieved within a reasonable time, the buyer may elect either a refund or replacement without charge.
Which of the following statements is not true of intentional infliction of emotional distress? A) Testimony from a mental health professional is the only requirement needed to recover damages. B) Employment firings, drug tests, and sexual harassment have been the basis of intentional infliction of emotional distress claims. C) Compelling evidence of outrageous conduct is normally required. D) Generally severe emotional distress and pain must be proved.
A Employment terminations (firings), drug tests, and sexual harassment cases have become particularly fertile grounds for emotional distress claims. It should be understood, however, that the courts have demanded compelling evidence of outrageous conduct causing severe emotional pain.
Angela, a water sports enthusiast, goes surfing despite warnings of rough weather conditions from lifeguards. Consequently, she is injured because of rough tides. Angela is barred from recovering damages as the lifeguards could not fully perform their duty of preventing harm because of her ________. A) assumption of risk B) mistake C) implied consent D) express consent
A In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery because of the defense of assumption of risk. In this scenario, Stacy willingly surfs in the rough seas in spite of warnings and therefore will be barred from recovery.
Which of the following statements is true of the tort of negligence? A) A party's carelessness rather than his intent causes another to suffer an injury. B) Negligence applies only to unreasonably dangerous products that reach the customer without substantial change after leaving the manufacturer. C) Negligence is a no-fault concept where an individual is responsible for harm without proof of carelessness. D) The plaintiff needs to show that the harm itself was the actual cause but not the proximate cause of her injury.
A Intent is absent, but because of one party's carelessness, another has suffered injury. Negligence involves situations in which harm is caused accidentally.
The following doctrine permits the court in some cases to infer the defendant's negligence even though that negligence cannot be proved. A) The doctrine of res ipsa loquitur B) The doctrine of res judicata C) The doctrine of strict liability D) The doctrine of products liability
A Many courts have adopted the doctrine of res ipsa loquitur (the thing speaks for itself), which in some cases permits the court to infer the defendant's negligence even though that negligence cannot be proved. The facts suggest that the plaintiff's injury must have resulted from the defendant's negligence, but the circumstances are such that the plaintiff is unable to prove negligence.
Michael, the owner of a dry-cleaning store, refuses to return an expensive tuxedo to his customer Daniel. He keeps the tux for a day as he mistakenly believes that Daniel has not paid for the services rendered in the past three months. These facts are an example of a(n) ________. A) trespass to personal property B) injurious falsehood about another's personal property C) conversion of personal property D) misappropriation of personal property
A Trespass to personal property (movable property; all property other than real property) involves an intentional interference with a person's right to enjoy his or her personal property. Here, by refusing to return Daniel's tuxedo for a day because he mistakenly believed that Daniel had not paid for services rendered, Michael has committed the offense of trespass to Daniel's personal property. More serious and extensive interference with personal property may be labeled a conversion.
When an individual's name or image is wrongfully used without permission for commercial purposes, it is called a(n) ________. A) misappropriation of one's name or likeness B) intrusion into one's solitude C) false light one one's reputation D) public disclosure of private images
A When an individual's name or image is wrongfully used without permission for commercial purposes (called a misappropriation) that person probably has a cause of action for invasion of privacy. Typically, this tort involves a company's use of a celebrity's name or picture to imply that he or she has endorsed a product even though no such endorsement or approval was given.
Which of the following statements is true of a false light claim? A) It is wrongfully using a celebrity's name or likeness in a product. B) Published claims about another that may show someone in a false light must be highly offensive to the reasonable person. C) Disclosure of private facts about someone must be highly offensive to the reasonable person. D) It involves a substantially unreasonable injury to one's reputation rather than emotional well-being.
B False light claims involve injury to one's mental or emotional well-being rather than one's reputation. Again, the claim would need to be highly offensive to the reasonable person.
If a seller of goods provides a sample or model of the goods which is made a part of the basis of the bargain, a(n) ________ exists. A) implied warranty B) express warranty C) warranty for a particular purpose D) warranty of merchantability
B If a seller of goods states a fact or makes a promise regarding the character or quality of the goods, an express warranty exists. Warranties are governed primarily by the Uniform Commercial Code (UCC), which is designed to codify and standardize the law of commercial practice.
Rachel's neighbor, Ned, is away on a week-long tour. Rachel sees smoke rising from Ned's house one day and, fearing a possible outbreak of fire, breaks in through the front door only to find that the smoke was from outside and not from within the house as he had thought. In this case, Rachel can avail the defense of ________. A) consent B) necessity C) defense of others D) self-defense
B In what we would broadly label emergency situations, one may intentionally commit a tort and yet be excused. In this scenario, if Rachel is sued for trespass for breaking into Ned's house, she can use the necessity defense because her intent was to extinguish the fire.
Which of the following is not a defense to an intentional tort? A) Mistake B) Negligence C) Consent D) Necessity
B Mistake, consent, necessity, and self-defense are all defenses to intentional torts. If you give your consent to an act, you may not later claim that a you were a victim of a tort. Mistake can be a good defense, particularly in instances in which events happen rapidly. In what we would broadly label emergency situations, one may intentionally commit a tort and yet be excused. Self-defense may be used as a defense against some intentional torts.
Which of the following is not necessary to establish the tort of slander? A) A statement about the victim which is false. B) The victim's emotional well-being is harmed. C) A statement that damages the plaintiff's reputation and causes actual harm. D) A false statement is communicated to people other than the one being defamed.
B The basic test for establishing defamation includes a false statement, harm to the victim's reputation, and publication of the statement. Uttering an untruth about another may constitute a tort. The law's interest here is in protecting the reputations of living people.
Which of the following statements is true of the Magnuson-Moss Warranty Act? A) Any limited warranties apply onto to household goods that cost more than $50. B) The act requires written warranties to be labeled full or limited. C) The act states that a limited warranty must include free repair for any defect. D) The act specifies an express warranty is required for all products purchased for commercial use.
B The federal Magnuson-Moss Warranty Act extended and clarified the warranty rules of the Uniform Commercial Code. Congress found that warranties were often vague, deceptive, or simply incomprehensible to the average purchaser. The act applies only to consumer products that cost more than $10 and only to written warranties, which must be labeled full or limited. A full warranty requires free repair of any defect.
Carmen informs the sales clerk of an electronics store that she needs a computer that can maintain a 12-hour battery charge. The sales clerk sells a computer to Carmen and withholds the fact that it cannot maintain a 12-hour battery charge. Carmen find out that the computer can maintain only a 6-hour battery charge. Which of the following results is accurate in this scenario? A) Carmen can sue the store for breach of implied warranty of merchantability. B) Carmen can sue the store for breach of implied warranty of fitness for a particular purpose. C) Carmen cannot sue the store as no breach of warranty occurred because the clerk made no affirmative statement or promise about the computer. D) Carmen cannot sue the store as no breach of warranty occurred because the clerk has no responsibility for the way the Carmen used the computer.
B The implied warranty of fitness for a particular purpose arises by operation of law, but only when the seller (merchant or not) knows (or has reason to know) that the goods are to be used for a specific purpose. Additionally, the seller further knows that the buyer is relying on the seller's judgment. In this scenario, Carmen can sue for breach of warranty of fitness for a particular purpose.
Those who argue that we cannot rely on the market and managerial ethics to protect us from dangerous products point to all but which of the following reasons? A) Many product improvements, such as air bags and seat belts, have been encouraged by product liability litigation. B) Lawyers' fees are not too high. C) Punitive damages are awarded in only 3.3 percent of the cases won by plaintiffs. D) The burden of tort liability is simply not of the magnitude suggested by critics.
B Those who argue that we cannot rely on the market and managerial ethics to protect us from dangerous products point to improvements in products such as air bags, seat belts, tires, tobacco products, antidepressants, and many more may have been encouraged by product liability litigation. Opponents of tort reform also say that the tort burden simply is not of the magnitude suggested by the critics. However, even ardent defenders of tort practice often agree that the system needs to be improved so that lawyers do not gobble up so much of the money themselves and so that the system produces a more consistent, predictable form of justice.
All but which of the following are requirements for a plaintiff to establish a successful negligence claim? A) The plaintiff must establish that the defendant owed the plaintiff a duty of due care. B) The plaintiff must show that the defendant breached its duty in a strictly liable manner. C) The plaintiff must show that the defendant's actions were sufficiently connected to the plaintiff's injuries. D) The plaintiff must establish that she was injured as a result of the defendant's unreasonable conduct.
B To establish a successful negligence claim, the plaintiff must establish that the defendant owed a duty of due care to the plaintiff. This duty must then be breached, and the breach must cause the plaintiff's injury. In general, the standard applied is that of the fictitious reasonable man or woman. That reasonable person acts prudently, sensibly, and responsibly.
Which of the following is a strict liability defense? A) Contributory negligence B) Comparative negligence C) Assumption of risk D) Mistake
C Assumption of risk and product misuse are both good defenses and, if factually supported, in many states can act as a complete bar to strict liability recovery. Assumption of the risk involves the plaintiff's decision to proceed to use the product despite obvious dangers associated with that use.
In a strict liability lawsuit, if someone is injured after either using a product he or she knows to be defective or misusing a product in an unforeseeable manner, the likely result is A) that the plaintiff contributed to his own injury and contributory negligence is a valid defense to a strict liability claim. B) that the plaintiff contributed some percentage to his own injury and comparative negligence will reduce his damages in a strict liability lawsuit. C) that the company will raise the assumption of the risk or misuse defense. D) that the company will be held liable because it did not manufacture its product to protect people from any misuse of the product.
C Assumption of risk and product misuse are both good defenses and, if factually supported, in many states can act as a complete bar to strict liability recovery. Assumption of the risk involves the plaintiff's decision to proceed to use the product despite obvious dangers associated with that use. Some courts, however, hold those in the chain of distribution liable for foreseeable misuses. Because strict liability is a no-fault theory, contributory negligence ordinarily is not a recognized defense.
Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is a(n) ________. A) intentional infliction of emotional distress B) nuisance C) assault D) negligent infliction of emotional distress
C Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is an assault. The battery need not occur and the victim need not be frightened, but an assault nonetheless transpires if the victim reasonably anticipated a substantially imminent battery.
Intentionally touching another in a harmful or offensive way without legal justification or the consent of that person is a(n) ________. A) intentional infliction of emotional distress B) assault C) battery D) negligent infliction of emotional distress
C Intentionally touching another in a harmful or offensive way without legal justification or the consent of that person is a battery. Merely touching the clothing another is wearing or touching an occupied car may constitute a battery.
Brian has an accident when he misses a stop sign and crashes into another car whose driver is drunk. Despite having sustained $10,000 worth injuries, Brian is able to recover only $7,000 as his own negligence is found to have contributed 30 percent to the injury. The type of negligence defense most likely availed in this case is A) contributory negligence. B) assumption of the risk. C) comparative negligence. D) mistake.
C Most states have adopted comparative negligence as a defense, which is an approach that involves weighing the relative negligence of the parties. Typically, the plaintiff's recovery is reduced by a percentage equal to the percentage of the plaintiff's fault in the case. In this scenario, Brian's recovery is reduced by $3,000 as he is seen responsible for 30 percent of his own injuries.
Which of the following describes the tort of nuisance? A) Nuisance occurs when an individual's name or image is inadvertently used without permission for commercial purposes. B) Nuisance is a form of defamation that is directed against a competitor's product. C) Nuisance arises when someone is unable to enjoy her land is impaired because of some tortious interference. D) Nuisance involves third party's intentional interference with a person's right to fully enjoy his or her personal property.
C Nuisance is the situation in which enjoyment of one's land is impaired because of some tortious interference such as a form of light, noise, smell, or vibration. Here, the owner is not deprived of possession of the land and the land has not been physically invaded, but the full enjoyment of the land cannot be achieved because of the interference that constitutes the nuisance.
Which of the following tests imposes a duty on a manufacturer to design its products so that they are safe not only for their intended use but also for any reasonably foreseeable use? A) Chain of production test B) Risk-utility test C) Consumer expectations test D) Balancing-utility test
C The consumer expectations test imposes a duty on a manufacturer to design its products so that they are safe not only for their intended use but also for any reasonably foreseeable use. Negligence claims emerging from defective products fall into three categories of analysis: (1) manufacturing defects, (2) design defects, and (3) inadequate warnings.
Taylor purchases a vacuum cleaner that the seller promoted as top of the line and best in its class. However, at the first use he realizes that the vacuum cleaner fails to function as he expected given that it was promoted as top of the line and best in its class. In the context of warranty, which of the following statements is true? A) An implied warranty of fitness for a particular purpose was breached. B) An implied warranty of merchantability was breached. C) An express warranty was breached. D) No breach of warranty occurred as it is a case of puffing.
D An express warranty exists if a seller of goods states a fact or makes a promise regarding the character or quality of the goods. In this case, Taylor cannot sue the seller of the vacuum cleaner for misleading him into buying the product because the seller merely engaged in puffing. Puffing or sales talk is a seller's promise based on a mere expression of opinion. Puffing does not create an express warranty.
Which of the following proposals has not been suggested by advocates of tort reform? A) Limiting class actions B) Reducing or eliminating punitive damages C) Curbing attorneys' fees D) Getting rid of strict liability
D As a result, critics say, American businesses must struggle with rising costs, innovation is reduced, and new jobs are less plentiful. Critics are particularly frustrated that much of the tort money goes to lawyers rather than to the injured plaintiffs. A number of states have imposed caps on punitive damages while the U.S. Supreme Court has handed down several decisions curbing punitive damages.
When a company manufactures a product, it is sound business practice to consider which of the following? A) The maximization of profits B) Limiting the sale of the manufacturer's products to those that have been proven safe over a number of years C) Avoiding all possible misuses of the product, both foreseeable and unforeseeable D) The cost of litigation should a products liability claim be filed
D Given the expenses associated with product liability litigation (including companies that go bankrupt), it is important that a company anticipate litigation expenses as a part of its business strategy.
In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery. The central defense for negligence in this case is: A) contributory negligence. B) strict liability. C) comparative negligence. D) assumption of risk.
D In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery. The requirements for use of the assumption of risk defense are (1) knowledge of the risk and (2) voluntary assumption of the risk. Assumption of the risk and contributory negligence are distinguishable in that the former is based on consent whereas the latter is rooted in carelessness.
Which of the following is an intentional tort directed against a person's property? A) Misappropriation of personal goods B) Battery that causes fear of imminent an offensive touching C) Libel that harms one's reputation D) Injurious falsehood or trade libel
D Injurious falsehood, sometimes called trade libel, is a form of defamation that is directed against someone's property. Thus, falsely claiming that a competitor's product is defective or harmful might constitute injurious falsehood.
The residents of a suburban region are unable to enjoy fresh air due to the foul smell coming from an unauthorized tannery located nearby. In this case, the owners of the tannery can be sued for ________. A) intrusion B) conversion C) trade libel D) nuisance
D Nuisance is the situation in which enjoyment of one's land is impaired because of some tortious interference. That interference often takes the form of light, noise, smell, or vibration. In this scenario, the foul smell emanating from the unauthorized tannery impairs the residents' enjoyment of fresh air and hence constitutes a nuisance to them.
The historic rule that any contribution by the plaintiff to his or her own harm constitutes a complete bar to recovery is called ________. A) comparative negligence B) strict liability C) assumption of the risk D) contributory negligence
D Rather than employing the comparative negligence doctrine, a few states continue to follow the historic rule that any contribution by the plaintiff to his or her own harm constitutes a complete bar to recovery. This is called contributory negligence. If the plaintiff is found to have contributed in any way to his or her injury, even if that contribution is minuscule, he or she is unable to recover.
Which of the following is not true of coverage under the law of strict liability? A) Some states limit strict liability recovery to new goods. B) Strict liability coverage generally extends to property damage and personal injury. C) Proof of the manufacturer's actual fault is not required in order to recover. D) The courts have interpreted strict liability to cover exclusively design and warning defect cases.
D Some states limit strict liability recovery to new goods, and some have limited liability to a designated period. The courts have extended strict liability coverage to reach injured bystanders. Coverage generally extends to both personal injuries and property damage.
Which of the following statements is true of the strict liability law? A) Strict liability law focuses on the use of the product more than the condition of the product. B) Strict liability recognizes that manufacturers cannot anticipate foreseeable misuses of the product. C) Strict liability law is a branch of negligence law and has been subsumed by the negligence rules. D) Strict liability offers the prospect of holding all of those in the chain of distribution liable for damages from the defective product.
D Strict liability law focuses on the condition of the product, rather than the conduct of the parties. Therefore, a seller who is free of actual fault may, nonetheless, be liable for injuries caused by a defective and unreasonably dangerous product. Strict liability offers the prospect of holding all of those in the chain of distribution liable for damages from a defective product because manufacturers and sellers are best positioned to prevent the distribution of defective products, and they are best able to bear the cost of injury by spreading the loss via pricing policies and insurance coverage.
George decides to use a lawn mower to trim his hedges. He lifts the mower and in this process is seriously injured. Which of the following outcomes is the most likely under strict liability? A) George will win because he was hurt while using the mower, and an injury is all that must be established under strict liability. B) George will win even though he was aware of the risk that his action created because he mistakenly believed he could trim his hedges safely using the mower. C) The company will lose if George proves that the product had defects which caused his injury. D) The company will win if it can prove that using a mower to trim hedges is an improper and unforeseeable use.
D When a product is used improperly, or its directions are ignored, or it is used in an unforeseeable way, the defendant would raise the misuse defense. In this scenario, George will lose and the company will win if the company can prove that using a mower to trim a hedge is an improper and unforeseeable use.
Conversion is the situation in which a serious and extensive interference with someone's personal property is impaired because of some tortious interference.
True Conversion refers to a serious and extensive interference with personal property. For example, if a parking lot company kept a car for months, and it suffered damage during the impoundment, a conversion probably occurred.
Under strict liability, coverage generally extends to personal injuries and property damage.
True Coverage generally extends to both personal injuries and property damage, but in some states the latter is excluded. Some states limit strict liability recovery to new goods, and some have limited liability to a designated period after the manufacture or sale of the product.
Falsely claiming that a competitor's product is defective or harmful might constitute injurious falsehood.
True Falsely claiming that a competitor's product is defective or harmful might constitute injurious falsehood. Injurious falsehood, sometimes called trade libel, is a form of defamation that is directed against the property of a person.
In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery even if the dangerous condition is not his fault.
True In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery. The requirements for use of the assumption of risk defense are (1) knowledge of the risk and (2) voluntary assumption of the risk.
Slander generally requires a showing of actual harm.
True Libel, leaving a more permanent stain, generally does not require a showing of actual harm. Libel or slander about a company's products or property often is treated as the tort of injurious falsehood. In general, a claim of slander requires a showing of actual harm, such as job loss.
According to the comparative negligence defense, a plaintiff's recovery is reduced by a percentage equal to the percentage of the plaintiff's fault in the case.
True Most states have adopted comparative negligence as a defense—an approach that involves weighing the relative negligence of the parties. Though the formula varies from state to state, typically the plaintiff's recovery is reduced by a percentage equal to the percentage of the plaintiff's fault in the case.
Raising one's hand as if to strike another even though the blow never transpires constitutes the tort of assault if the victim reasonably thought herself to be in immediate danger.
True Raising one's hand as if to strike another even though the blow never transpires constitutes the tort of assault if the victim reasonably thought herself to be in immediate danger. Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is an assault.
Puffing is an opinion expressed by the seller and generally does not create an express warranty.
True Sales talk or puffing does not create an express warranty. Perhaps the area of greatest confusion in determining the existence and coverage of an express warranty is distinguishing a seller's promise from a mere expression of opinion.
Strict liability does not require proof of the defendant's negligence.
True Strict liability does not require proof of the defendant's negligence. Strict liability law focuses on the condition of the product, rather than the conduct of the parties. Therefore, a seller who is free of actual fault may, nonetheless, be liable for injuries caused by a defective and unreasonably dangerous product.
The risk-utility test holds that a product is negligently designed if the benefits of a product's design are outweighed by the risks that accompany that design.
True The risk-utility test holds that a product is negligently designed if the benefits of a product's design are outweighed by the risks that accompany that design. From Cessna's single-engine airplanes to five-gallon buckets (which may hold liquid sufficient to drown a child) to automobile seat belts and on across the spectrum of American products, manufacturers must think about designing products to anticipate and avoid consumer injury.
Torts are civil wrongs that arise from the defendant's breach of duty that causes an injury to a particular person.
True Torts are civil wrongs not arising from contracts. Torts involve breaches of duty to particular persons causing loss or injury, while crimes are regarded as public wrongs breaching duties to society as a whole.
