BUS 204 Ch. 5 Torts and Product Liability
Franklin tosses a ball up in the air and intends to catch it, yet the ball hits a bystander, Yen, and injures her. Which of the following is correct?
Franklin was negligent.
What factor should a plaintiff consider when deciding which interference tort applies to a situation?
If the plaintiff had a contract with another party who breached the contract.
Cari discovers that Lucas has a criminal background and shares this information with others where they both work. Which intentional tort could apply here?
Public Disclosure of Private Facts
George gave Maxwell a friendly slap on the back, not knowing that Maxwell was drinking coffee. The slap frightened Maxwell and he choked on the coffee. Have all the elements of battery been met?
Yes, because the slap was intentional and non-consensual, and Maxwell was harmed.
To meet the element of intent, a plaintiff must prove that the defendant:
knowingly committed the act or knew with substantial certainty that his or her actions would result in the consequences.
A business landowner has a duty to reasonably maintain his or her property for safety. When the business invites guests or customers onto its premises, it has a duty to:
warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises.
Freddy carries his books and school supplies in a large backpack. The hallways at Freddy's school are always very crowded. One day, Freddy turns around quickly to talk to a friend, and a sharp pencil that is sticking out of his backpack gouges Lorraine in the eye. Lorraine ends up losing the use of her eye. If Lorraine sues Freddy in a negligence action, the standard the court will use to determine whether Freddy is liable is:
what a reasonable person would have done under the circumstances.
The reasonable person standard applies to which of the required elements to be proved in a negligence case? Choose 2 answer choices.
1. Breach of duty. 2. Duty of care.
Which of the elements required to prove negligence involve the reasonable person standard? Choose 2 answer choices.
1. Duty of care. 2. Breach of duty of care.
A chain of jewelry stores uses an actress, Felicity Fake, who resembles Rachel Real, a famous actress, to appear in commercials for their stores, with the intent of giving the impression that Rachel Real is endorsing the chain. They dress Felicity in a dress similar to the dress Rachel Real wore in her most famous movie and ask Felicity to imitate Rachel's voice. Rachel Real is insulted by the presentation. For which intentional tort could Rachel sue the company? Choose 2 answer choices.
1. Invasion of Privacy 2. Appropriation
The reasonable person standard can vary based on what factors? Choose 2 answer choices.
1. The occupation of the defendant. 2. Facts and circumstances of the situation.
In a negligence action, a plaintiff may seek an award for compensatory damages as a result of which of the following? Choose 3 answers.
1. actual missed days at work 2. the loss of a spouse's companionship 3. medical bills
When a defendant faces a negligence lawsuit, what defenses are available? Choose 3 answers.
1. assumption of risk 2. contributory negligence 3. comparative fault
Which of the following are the two primary types of damages available for an intentional tort? Choose 2 answers.
1. punitive damages 2. compensatory damages
What must a plaintiff prove in an intentional tort case?
Intent to commit the act.
Why would a superseding cause relieve a tort defendant of liability?
The defendant could not have reasonably foreseen the event.
You have had a grudge against the owner of a local barbeque restaurant for years. You went to high school together, and he is always acting like he is better than you because even though you both own barbeque restaurants, his business seems to be more popular than yours. You come up with a plan to get back at him by spreading false rumors that his barbeque made a lot of people sick. That'll teach him! What do you think might happen if you go through with your plan?
The owner of the restaurant could sue you, and you may have to pay him money.
Which of the elements must a plaintiff prove to prevail in a negligence lawsuit?
The plaintiff must address all of the elements.
What does the reasonable person standard impose on a person in a negligence lawsuit?
a duty to act as a reasonable person would in the same circumstances
Which of the following defenses to negligence is used to assign liability proportionately to the level of harm from each party's own conduct?
comparative fault
Kevin is preparing his wife's favorite stir-fry dish for dinner. As Kevin is chopping the vegetables for the stir-fry, his hand slips and he cuts his hand on the sharp knife. Kevin's wife rushes him to the emergency room. Kevin receives twenty stitches because the cut is so deep. Kevin wants to sue the knife manufacturer for damages. Kevin claims that the knife was defective because it was unreasonably dangerous. If Kevin files a strict liability lawsuit against the knife manufacturer, he will:
lose, because a sharp knife is not unreasonably dangerous.
When a plaintiff in a strict liability lawsuit has used a product in a way that is not intended or that the defendant could not have reasonably foreseen, the defendant may assert which defense?
misuse or abuse of a product
Liam is Neely's supervisor. During Neely's yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably:
not be successful if Liam's comments on Neely's written evaluation were made in good faith.
Rihana and her friends attend the opening day of Wild Water Country, a local water park attraction. Before riding the new Tornado Tunnel water slide, the steepest and scariest water slide in the park, Wild Water Country requires its customers to sign a waiver of liability which states that they know the risks involved in riding the Tornado Tunnel, and that Wild Water Country is not responsible for injuries that occur during the ride. Rihana signs the waiver and climbs to the top of the slide. As she begins her descent, however, the metal slide buckles under the weight of the riders. Rihana and several other riders are thrown from the slide and fall one hundred feet to their deaths. Rihana's parents sue Wild Water Country. Wild Water Country defends the lawsuit by stating they are not liable for any injuries because Rihana had signed a waiver of liability, and, therefore, she had assumed the risks associated with riding the water slide. Wild Water Country's defense will probably:
not be successful, because Rihana did not assume the risk of the water ride collapsing.
Andrea and Jerome are involved in a terrible car accident. Andrea ran a red light and plowed into Jerome's car, causing Jerome's car to be totaled. Luckily, Jerome was not hurt. Jerome files a tort lawsuit against Andrea. If he is successful in his lawsuit, Jerome will receive compensatory damages, the purpose of which is to:
put Jerome in the position he would have been in had the tort not occurred.
To win a wrongful interference with a contract case, a plaintiff must prove which of the following elements? Choose 3 answer choices.
1. A valid contract existed between the plaintiff and a third party. 2. The plaintiff experienced injury or damages as a result of the defendant's actions. 3. The defendant knew a contract between the plaintiff and a third party existed.
Tort law provides a civil remedy for violations of which of the following protected interests? Choose 3 answers.
1. the destruction of or damage to property 2. personal and physical safety 3. personal or business reputation
Which of the following describes a product with a defective condition?
The product is not reasonably fit for its ordinary and intended use.
A product is unreasonably dangerous to consumers when it meets which of the following conditions? Choose 3 answers.
1. A less dangerous alternative was available but was not used by the manufacturer.2. It is inherently dangerous but is even more dangerous than an ordinary consumer would expect.3. The manufacturer failed to adequately warn the consumer about the dangers of the product.