Study Guide Chapters 6-7 FALL 2019 PDF

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Study guide for the first exam covering chapters 6 and 7...

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019

Indicate the answer choice that best completes the statement or answers the question. 1. An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper’s Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper’s committed a. assault. b. battery. c. false imprisonment. d. negligence. 2. After a dinner at Rosario’s Italian Café, Susie believes that she was overcharged and shoves Theo, the waiter. Theo sues Susie, alleging that the shove was a battery. Susie is liable a. if Rosario’s did not actually overcharge Susie. b. if the shove was offensive. c. if Susie acted out of malice. d. under no circumstances—there was no physical injury. 3. Manuel is walking past Tomas’s house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas’s house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel’s defense will probably be a. assisting someone in danger. b. consent. c. self-defense. d. the reasonable person defense. 4. Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider a. the assumptions of Wideload. b. the identity of Wideload’s owner. c. the intentions of Wideload. d. the expectations of the ordinary consumer. 5. Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro’s recovery a. even if Ichiro was only slightly at fault. b. only if both parties were equally at fault. c. only if Ichiro was less at fault than Heather. d. only if Ichiro was more at fault than Heather. 6. Fifi, a clerk at a Games n’ Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for a. appropriation. b. no tort. c. conversion. d. wrongful interference with a business relationship. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 7. Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may consider a. consumers’ general failure to read the product’s warnings. b. the plaintiff’s specific failure to read the product warnings. c. the obvious risks of other products. d. the obvious risks of this product. 8. Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except a. the design of the fans. b. the production process used to make the fans. c. the warnings on the labels of the fans. d. a consumer’s unforeseeable misuse of a fan. 9. Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except a. a lessor of the goods. b. a maker of the goods. c. a seller of the goods. d. a user of the goods. 10. Eco Products, Inc., makes espresso machines and sells one to Fresh Roast Café. Gus, a café employee, is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product, Eco is most likely liable for a. negligence. b. fraud. c. privity. d. puffery. 11. Gary accuses Helen, a broker with Investment Services, of fraudulently inducing him to invest in Junkbonds Inc., after the company’s stock price declines in value. The reliance that gives rise to liability for fraud requires a. a subjective statement. b. misrepresentation of a fact knowing that it is false. c. puffery. d. seller’s talk. 12. Brandname Parts, Inc., makes and sells parts for the repair of major appliances. Clarice suffers a loss when a defective Brandname part in her freezer fails to keep the contents fresh. A statute restricts the time within which Clarice may file a product liability suit once she has discovered or should have discovered the damage. This is a statute of a. limitations. b. preemption . c. repose. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 d. suspension. 13. Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of a. all risks. b. foreseeable risks. c. obvious risks. d. no risks. 14. Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the “best one ever made.” This is a. fraud even if the statement is the truth. b. fraud if Quint believes that the statement is not true. c. fraud if Quint is stating his opinion, not the facts. d. not fraud. 15. Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego’s paperwork, he is held in jail for a month. The police are most likely liable for a. abuse of process. b. false imprisonment. c. malicious prosecution. d. none of the choices. 16. Therapeutic Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a design defect product liability suit against Therapeutic by a party allegedly injured by one of the devices, the company can most successfully raise the defense of a. preemption. b. assumption of risk. c. comparative negligence. d. knowledgeable user. 17. Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because a. Level Grade is a corporation. b. the activity is inherently negligent. c. the activity is extremely risky. d. the amount of liability can be added to the costs of construction. 18. Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as a. ordinary persons. b. other engineers. c. other professionals, including doctors, dentists, and lawyers. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 d. those injured in the collapse of the bridge. 19. Camp Gear, Inc., makes and sells a camp stove to Devin. Camp Gear fails to exercise “due care” to make the stove safe, however, and Devin is injured as a result. Camp Gear is most likely liable for a. assumption of risk. b. commonly known danger. c. negligence. d. product misuse. 20. Flo is working on a construction site when she is injured on the job in the collapse of a Girder Company-made beam. At the time, Flo is not wearing any safety gear. In Flo’s product liability suit against Girder, the company can most successfully raise the defense of a. preemption. b. inadequate warning. c. comparative negligence. d. product misuse. 21. To make and sell fireplaces, Hearth, Inc., buys igniters, tubing, and other parts from Inflame Parts and installs them without modification. If the parts are defective, strictly liable for any damage caused by the defects a. are neither Hearth nor Inflame. b. are Hearth and Inflame. c. is Inflame only. d. is Hearth only. 22. Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth’s products. Beth does not ask Chelsea’s permission. Beth is most likely liable to Chelsea for a. trespass. b. fraudulent misrepresentation. c. defamation. d. appropriation. 23. Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of a. battery. b. conversion. c. invasion of privacy. d. trespass. 24. SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except a. a manufacturing defect. b. a design defect. c. an inadequate warning. d. an ineffective marketing plan. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 25. MedBeat Inc. makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and a. the omission of a warning renders the pacemaker not reasonably safe. b. there is a reasonable alternative design. c. MedBeat did not use due care in making the pacemaker. d. Nina lacks insurance coverage. 26. In making and marketing home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions with its products against a. any misuse. b. only foreseeable misuses. c. no misuse. d. only obvious misuses. 27. In a tweet to Clyde, a reporter for the site Blast, Ethan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is a. defamation. b. not defamation because it is an opinion. c. not defamation because it was not communicated orally. d. not defamation because it was communicated to only one person. 28. Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC’s food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of a. preemption. b. assumption of risk. c. comparative negligence. d. knowledgeable user. 29. Sea & Sail Corporation makes boats and boating supplies. Theresa files a product liability suit against Sea & Sail, alleging a design defect. In deciding whether to hold the boat maker liable, the court may consider an available alternative design based on the design’s a. popularity among industrial designers. b. attractiveness to consumers. c. commonality of use. d. effect on the product. 30. River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are a. avoidable by an alternative design. b. foreseeable. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 c. contrary to the instructions for the use of the product. d. obvious. 31. Omar, a driver for Piece’a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece’a Pizza are liable to a. all those who were injured. b. only those who were uninsured. c. only those whose injuries could have been reasonably foreseen. d. only those whose vehicles were closest to Omar’s vehicle. 32. Sno Sports LLC makes and sells a snowboard to Toby. Sno Sports fails to exercise “due care” to make the board safe, and Toby is injured as a result. Sno Sports is most likely liable for a. any alteration of the skis after Sno Sports sold them. b. misrepresentation. c. negligence. d. nothing. 33. Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury a. if Louann intended to push Moly. b. only if Louann did not intend to break Moly’s wrist. c. only if Louann had a bad motive for pushing Moly. d. only if Louann intended to break Moly’s wrist. 34. Arrow Corporation makes archery supplies. While using an Arrow bow, Balto is injured due to a defect in the bow that causes an arrow to misfire. Chu, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow may be liable to a. Balto and Chu. b. Balto only. c. Chu only. d. no one. 35. Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella’s land. Doyle commits trespass if he a. does not have Bella’s permission to drive on the property. b. drives onto the property for recreational purposes. c. harms the property in a material way. d. harms the property in any way. 36. Ceramics Corporation makes ceramic products for commercial uses, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Dura-mold, Inc., liability may be imposed on Ceramics if the tiles sold to Dura-mold were a. in perfect condition at the time of their sale. b. damaged by their use. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 c. substantially changed after their sale. d. in a defective condition that was the proximate cause of the damage. 37. Agro, Inc., sells seed to farmers. Bram buys and plants Agro seed on his farm, but no crop grows because the seed is defective. Bram sues Agro for product liability based on negligence. To win, Bram must show that a. Agro sold the seed to Bram. b. Bram knew and appreciated the risk caused by the defect. c. Bram suffered damage caused by the defect. d. the “defect” was a commonly known danger. 38. Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage, which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that a. Soda is in a better position than Talia to bear the cost of her injury. b. Talia is a person, not a business. c. making and selling products are abnormally dangerous activities. d. Soda and Talia are in privity. 39. Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design’s a. popularity among industrial designers and consumers. b. weight and heft. c. aesthetics. d. advantages and disadvantages. 40. Garden Tool Company makes chain saws. Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence. To win, Hadrian must show that a. Garden did not use due care with respect to the chain saws. b. Garden used puffery in its advertising. c. Hadrian was not experienced in the use of chain saws. d. Hadrian was in privity with Garden. 41. ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider a. Erna’s intended use for the phone. b. DefDeals’ method of accounting. c. ClearCall’s quality control efforts. d. an available alternative design. 42. Elise, an emergency medical technician, renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under a. no circumstances. b. the doctrine of res ipsa loquitur. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 c. the “danger invites rescue” doctrine. d. an applicable Good Samaritan statute. 43. OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is a. appropriation. b. conversion. c. wrongful interference with a contractual relationship. d. none of the choices. 44. Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of a. puffery. b. fact. c. illusion. d. opinion. 45. Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for a. trade libel. b. conversion. c. fraudulent misrepresentation. d. no tort. 46. Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks a. attributable to the tournament in any way. b. different from the risks normally associated with the tournament. c. greater than the risks normally associated with the tournament. d. normally associated with the tournament. 47. Digg Deep Inc. makes and leases a backhoe to Estes. Due to a defect attributable to Digg Deep’s negligence, Estes is injured in an accident in which his neighbor Fortis is also hurt. In a product liability suit based on negligence, Digg Deep may be liable to a. Estes only. b. no one. c. Estes and Fortis. d. Fortis only. 48. Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe’s negligence, Kim would not have died. Regarding the death, the crash is a. the cause in fact and the proximate cause. b. the intervening cause. Copyright Cengage Learning. Powered by Cognero.

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STUDY GUIDE CHAPTERS 6 & 7 FALL 2019 c. the proximate cause but not the cause in fact. d. the superseding cause. 49. City Slick, Inc., makes cosmetics. City Slick intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Dora buys a City Slick product and suffers an injury. City Slick is most likely liable for a. product misuse. b. fraud. c. privity. d. puffery. 50. In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest’s sales decrease. Mainstream has most likely committed a. defamation. b. no tort. c. slander of quality. d. slander of title. 51. Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of the openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of a. Ian’s discovery of an injury caused by the opener. b. Garage Magic’s sale of the opener to Home & Yard. c. Garage Magic’s design of the opener. d. Home & Yard’s sale of the opener to Ian. 52. Jon wants to buy Kim’s land, but she refuses to sell. Jon begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Kim to sell. This is a. abuse of process. b. appropriation. c. wrongful interference with a contractual relationship. d. not a tort. 53. Cookin’ Products Company makes heat convection ovens. DeAnn discovers that her Cookin’ oven is defective and sues the maker for product liability based on strict liability. To win, DeAnn must show that she a. bought the oven from Cookin’. b. did not misuse the oven. c. suffered an injury caused by the defect. d. did not know of the defect. 54. Oliver slips and falls on Port Harbor’s Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the “50 percent rule,” Oliver would recover a. $0. b. $250,000. Copyright Cengage Learning. Powered by Cognero.

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