Final Exam (8-9)
In a negligence lawsuit in a comparative negligence jurisdiction, the jury found the plaintiff, Bud, 30% liable and the defendant, Lou, 70% liable for Bud's $100,000 in damages. How much money can Bud collect?
$70,000
Which of the following is not an element of negligence?
Intent
The three types of torts are
Intentional , negligence and strict liability
Which of the following torts generally arises in the course of debt collection activities?
Intentional infliction of emotional distress
Jenna went to Pet Store to buy two hamsters for her children. She told the sales clerk, "I need two hamsters of the same gender." The sales clerk sold Jenna what he assured her to be two male hamsters and one cage. Some weeks later Jenna returned to the store because the two "male" hamsters had produced 13 offspring. Jenna would like another cage and for Pet Store to take the offspring.
Jenna is entitled to those remedies under the implied warranty of fitness for a particular purpose.
Which element is different between product liability actions under strict tort liability and product liability actions in negligence?
Knowledge of defect
Which of the following distinguishes a case in negligence for product liability vs. a case under strict tort liability?
Knowledge of the defect.
Which of the following would NOT qualify as a defect for purposes of strict tort liability under Restatement 402A?
Misuse by the buyer of a product when the manufacturer warned against it.
The landmark case for proximate cause in negligence is the ________ case.
Palsgraf
Which of the following people would be required to prove malice for a libel action against a newspaper?
Pamela Anderson
Which of the following is not required for proof of breach of an implied warranty of merchantability?
Reliance by the buyer.
Which of the following is not part of the tort of invasion of privacy?
False imprisonment
Which of the following product liability actions requires privity?
Implied warranty of fitness for a particular purpose.
Which of the following is NOT an express warranty?
You will feel confident in this suit.
When compensatory damages are substantial, the Supreme Court ruled that punitive damages should be in a ________ ratio.
. 1:1
Which of the following does the FTC not have the authority to do?
Ban ads run by professionals
Which of the following is not a defense in a product liability tort suit?
Comparative negligence
Which of the following is not a defense to a product liability action?
Design defect
Which of the following is NOT something the FTC has the authority to do?
Establish product liability standards
Ira has just rented ice skates for skating at the pond at Sun Lakes Ski Resort near Vail. On his rental receipt is the following language in large, bold type: Sun Lakes Ski Resort is not responsible for injuries occurring while you use these skates. Ice skating is a dangerous activity that requires skill and can result in injuries when you are unfamiliar with skating and conditions.
The disclaimer is effective for limiting the liability for assumption of risk with regard to skating.
A newspaper published the following report, "Jimmy the Squid committed 12 murders from 1991-1995 and is a cocaine addict." Mr. Squid is indeed a cocaine addict and the 12 murders have been established at trial by DNA evidence and a jury verdict.
The report is neither defamatory nor libelous.
This makeup is hypoallergenic," is an example of
an express warranty.
The appropriation of someone's name for commercial advantage is
an invasion of privacy.
The duty standard for the tort of negligence is:
reasonably ordinary and prudent person.
Causation:
refers to "but for" causation.
The BMW of North America v. Gore case, decided by the U.S. Supreme Court:
places limitations on the amount of verdicts.
Assumption of risk requires:
proof that the plaintiff understood the nature of the danger involved.
The FTC
has the authority to require corrective advertising.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA):
is a federal statute which restricts insurance companies.
The implied warranty of merchantability:
is given in every sale of goods by a merchant unless disclaimed.
Assumption of risk requires
knowledge of the risk of injury.
Tort reform includes
limitations on damages in tort cases.
Puffing is
not a basis for an express warranty breach.
Al's Hardware ran an ad for a set of tree lights for $0.99. When Jake McCormick went to Al's to purchase several sets of the lights, Al said, "Well, you really don't want those lights. I'm not sure we have any in stock. What you need is a set that will last you 20 years, and here they are for $5.99." The FTC:
refers to such conduct as bait and switch.
Malice must be always be proven
that involve public figures.
The strict tort liability requirement that a product reach the plaintiff without substantial changes means:
that the product must not have been altered in repairs.
Consequential damages are limited under
the CISG for product liability cases.
The federal agency responsible for product recalls is:
the Consumer Product Safety Commission.
For the shopkeeper's privilege to apply:
the merchant must have had reason to believe a shopper has taken something and must be detained for a reasonable amount of time.
Under the EU guidelines, knowledge is used as
the standard for imposing liability.
