Chapter 7: Business Torts and Product Liability

Conversion is the situation in which enjoyment of one's land is impaired because of some tortious interference.

False

In many states, a plaintiff who willingly entered a dangerous situation and is injured will be given a nominal amount as recovery.

False

Libel generally requires a showing of actual harm.

False

Puffing creates an express warranty.

False

Strict liability requires proof of negligence on the part of the defendant.

False

Torts are civil wrongs that arise from contracts.

False

Under strict liability, coverage generally extends to only personal injuries and not property damage.

False.

A 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.

True

A full warranty requires free repair of an defect.

True

Falsely claiming that a competitor's product is defective or harmful might constitute injurious falsehood.

True

Intentional torts involve voluntary acts that harm a protected interest.

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.

True

Slander is the spoken form of defamation.

True

To establish a successful negligence claim, a plaintiff must establish that the defendant owed a duty of due care to the plaintiff.

True

Which of the following statements is true of the tort of negligence? A) Intent is absent, but because of one party's carelessness, another has suffered injury. B) It is limited to unreasonably, dangerous products and practices. C) It is 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 intended.

A) Intent is absent, but because of the one party's carelessness, another has suffered injury.

Which of the following statements is true of a false light claim? A) It would need to highly offensive to a reasonable person. B) It involves injury to one's reputation rather than emotional well-being. C) It deals with interferences that often take the form of light, noise, smell, or vibration. D) It its often treated as the tort of injurious falsehood.

A) It would need to be highly offensive to a reasonably person.

Which of the following is true of coverage under the strict liability clause? A) Some states limit strict liability recovery to new goods B) Coverage generally extends only to property damage C) Proof of actual fault is necessary to determine coverage D) The courts have made strict liability to exclusively cover design and warning defect cases

A) Some states limit strict liability recovery to new goods

Which of the following statements is true of the strict liability law? A) Strict liability law focuses on the condition of the product, rather than the conduct of the parties. B) Strict liability in tort imposes complete liability for damages from a defective product on the injured consumer. C) Strict liability law, to be applied, requires proof of negligence on the part of the defendant. D) Strict liability does not hold anyone in the chain of distribution liable for damages from the defective product.

A) Strict liability law focuses on the condition of the product, rather than the conduct of the parties.

Which if the following requirements must a plaintiff meet 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 meant to do the act that caused the harm. C) The plaintiff must prove that the defendant intentionally published false statements about the plaintiff. D) the plaintiff must have been psychologically injured by an unreasonably dangerous product.

A) The plaintiff must establish that the defendant owed the plaintiff a duty of due care.

Stacy, a water sports enthusiast, goes surfing in spite of warnings of rough weather conditions from lifeguards. Consequently, she is indued because of rough tides. Stacy is barred from recovering damages as the lifeguards could not fully perform their duty of preventing hard because of her ____. A) assumption of risk B) negligent entrustment C) strict liability D) express consent

A) assumption of risk

Which of the following is a strict liability defense? A) assumption of risk B) comparative negligence C) contributory negligence D) self-defense

A) assumption of risk

Nolan has an accident when he misses a stop sign and crashes into another car whose driver is drunk. Nolan, in spite of having sustained $11,000 worth injuries, is able to recover only $8800 as his own negligence is found to be 20% responsible for the injury. The type of negligence most likely availed in this case is: A) comparative negligence B) contributory negligence C) assumption of risk D) statute of limitations

A) comparative negligence

An intentional invasion of a person's solitude is labeled a(n) ____ if it would be highly offensive to a reasonable person. A) intrusion B) false light C) fraud D) assault

A) intrusion

Ryan's neighbor, Nick, is away on a week long tour. Ryan sees smoke rising from Nick'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, Ryan can avail the defense of ____. A) necessity B) consent C) duress D) self-defense

A) necessity

Mark, the owner of a dry cleaning store, refuses to return an expensive tuxedo to Jim, his customer, for a day as he mistakenly believes that Jim has not made payments for the services availed in the past 3 months. This is an example of a A) trespass to personal property B) misappropriation C) conversion D) injurious falsehood

A) trespass to personal property.

Intentionally touching another in a harmful or offensive way without legal justification or the consent of that person is A) Assault B) Battery C) Defamation D) Fraud

B) Battery

Ellen informs the sales clerk of an electronics store that she needs washing machines capable of heavy-duty use. The sales clerk sells a machine to Ellen withholding the fact that it is not heavy-duty. The machine breaks down after the first month. Which of the following is accurate about this scenario? A) Ellen can sue the store for breach of implied warranty of merchantability. B) Ellen can sue the store for breach of implied warranty of fitness for a particular purpose. C) Ellen cannot sue the store as there is no breach of warranty because the clerk made no affirmative statement or promise about the machines. D) Ellen cannot sue the store as there is no breach of warranty because the clerk has no responsibility for the way the machine is used.

B) Ellen can sue the store for breach of implied warranty of fitness for a particular purpose.

Which of the following is a necessary condition for establishing defamation? A) A true statement about the victim. B) Harm to a victim's reputation. C) A statement that is so inherently damaging that an actual injury need not be shown. D) Communication of a false statement to only the victim.

B) Harm to a victim's reputation

A(n) ____ exists if a seller of goods states a fact or makes a promise regarding the character or quality of the goods. A) assumption of risk B) express warranty C) libel D) warranty of merchantability

B) express warranty

Which of the following is an intentional tort that is directed against the property of a person? A) misappropriation B) injurious falsehood C) libel D) battery

B) injurious falsehood

Which of the following describes the tort of nuisance? A) It occurs when an individual's name or image is wrongfully used without permission for commercial purposes. B) It is a form of defamation that is directed against the property of a person. C) It is the situation in which enjoyment of one's land is impaired because of some tortious interference. D) It involves an intentional interference with a person's right to fully enjoy his or her personal property.

C) It is the situation in which enjoyment of one's land is impaired because of some tortious interference.

Which of the following statements is true of libel? A) Libel generally requires a showing of actual harm. B) Any dead person can be victim of defamation. C) Libel about a company's products or property often is treated as the tort of injurious falsehood. D) Courts do not treat defamatory radio and television statements as forms of libel.

C) Libel about a company's products or property often is treated as the tort of injurious falsehood.

Which of the following statements is true of the Magnuson-Moss Warranty Act? A) The act made it illegal for sellers to provide limited warranties. B) The act, being entirely consistent with Congress's hopes, applies to all products and all warranties. C) The act extended and clarified the warranty rules of the Uniform Commercial Code. D) The act specifies that offer of express warranty is a must.

C) The act extended and clarified the warranty rules of the Uniform Commercial Code.

Which of the following is the doctrine that in some case permits the court to infer the defendant's negligence even though the negligence cannot be proved? A) The doctrine of equal footing B) The doctrine of res judicator C) The doctrine of res ipsa loquitur D) The doctrine of equivalents

C) The doctrine of res ipsa loquitur

Jude purchases a vacuum cleaner that is advertised as having certain distinctive cleaning properties. However, at the first use he realizes that the vacuum cleaner fails to function as promoted. In the context of warranty, which of the following statements is true? A) There is a breach of implied warranty of fitness for a particular purpose. B) There is a breach of implied warrant of merchantability. C) There is a breach of express warranty. D) There is no breach of warranty as it is a case of puffing.

C) There is a breach of express warranty.

In many states, a plaintiff who willingly enters a dangerous situation and is inured will be barred from recovery. The central defense for the negligence in this case is: A) statute of limitations B) strict liability C) assumption of risk D) comparative negligence

C) assumption of risk

Which of the following imposes a manufacturer a duty to design its products so that thy are safe not only for their intended use but also for any reasonably foreseeable use? A) risk utility test B) miller test C) consumer expectations test D) dominant factor test

C) consumer expectations test

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) contributory negligence D) statute of limitations

C) contributory negligence

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) nuisance D) trade libel

C) nuisance

Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is an A) Slander B) Libel C) Indictment D) Assault

D) Assault

Jerry, while trying to use a lawn mower to trim his hedge, lifts it up and in this process is seriously injured. Which of the following is the most likely outcome under strict liability? A) Jerry will win since he was hurt while using the lawnmower and injury is all that must be established under strict liability. B) Jerry will win even though he was aware of the risk that his action created. C) The company will lose if Jerry proves that the product had defects which caused him injury. D) The company will win if it can prove that using a lawnmower to trim a hedge is improper and unforeseeable use.

D) The company will win if it can prove that using a lawnmower to trim a hedge is an improper and unforeseeable use.

When an individual's name or image is wrongfully used without permission for commercial purposes, it is called a(n) ____. A) assault B) intrusion C) false light D) misappropriation

D) misappropriation

A warranty is simply a non-contract based guarantee.

False

According to contributory negligence defense, a plaintiff's recovery is reduced by a percentage equal to the percentage of the plaintiff's fault in the case.

False

A showing of res ipsa loquitur requires that the accident ordinarily would not happen absent the defendant's negligence.

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.

True.

Victims of negligence in a product liability case can bring actions against all careless parties in the chain of production and distribution.

True.