Question 1

Under the rule of strict liability in tort, to be successful an injured party must show that the:

Accepted Answer

A)   defect in the product was the proximate cause of injury
B)   product in question was defective
C)   defect in a product caused it to be unreasonably dangerous
D)   losses were suffered
E)   all of the other choicesF) A) and B)
G) A) and C)

Question 2

In Parish v. ICON, where a person was severely injured when jumping on a trampoline and sued its maker and the maker of a safety net for failure to warn, the Iowa high court held that the manufacturers were not liable because:

Accepted Answer

A)   trampolines are commonly known to be unavoidably dangerous
B)   the is no requirement to provide warnings on products classified as toys
C)   Parish was over 18 and thus should be held as a responsible adult
D)   the warnings provided by the manufactures were not adequate, but Parish was being reckless
E)   none of the other choices are correctF) A) and E)
G) C) and D)

Question 3

Ultrahazardous activity is activity that:

Accepted Answer

A)   "necessarily involves a risk of serious harm to the person, land, or chattels of another, which can be eliminated by the exercise of the utmost care" and "is not a matter of common usage."
B)   "necessarily involves a risk of serious harm to the person, land, or chattels of another, which cannot be eliminated by the exercise of the utmost care" and "is not a matter of common usage."
C)   "necessarily involves a risk of serious harm to the person, land, or chattels of another, which cannot be eliminated by the exercise of the utmost care" and "is a matter of common usage."
D)   "necessarily involves a risk of serious harm to the person, land, or chattels of another, which can be eliminated by the exercise of the utmost care" and "is a matter of common usage."
E)   none of the other choices are correctF) A) and E)
G) A) and C)

Question 4

Most tort suits are filed in:

Accepted Answer

A)   municipal courts
B)   federal courts
C)   appellate courts
D)   small claims courts
E)   none of the other choices are correctF) C) and E)
G) None of the above

Question 5

Unknown hazards products liability cases involve:

Accepted Answer

A)   a small number of products liability cases
B)   only cases involving asbestos
C)   mostly cases in which the government is the defendant
D)   mostly cases in which the government is the plaintiff
E)   none of the other choicesF) A) and B)
G) A) and C)

Question 6

Negligence of other parties is irrelevant to the imposition of liability in ____ cases.

Accepted Answer

A)   megahazardous activity
B)   limited liability
C)   misrepresentation
D)   fraud
E)   none of the other choices are correctF) None of the above
G) C) and D)

Question 7

The rule that "The manufacturer of a product is liable in the production and sale of a product for negligence, if the product may reasonably be expected to inflict harm on the user if the product is defective" originated from:

Accepted Answer

A)   Lightle v. Real Estate Commission
B)   Paterson v. Buick Motor
C)   Morriss v. Chevrolet
D)   MDM Group Associates v. CX Reinsurance Company
E)   none of the other choices are correctF) C) and D)
G) B) and C)

Question 8

The basis of the case in a(n)  ____ case is the relationship between the manufacturer and the injured party.

Accepted Answer

A)   strict liability
B)   felony
C)   partial liability
D)   intentional liability
E)   warranty expressionF) B) and C)
G) A) and B)

Question 9

In Gieseke v. IDCA, Gieseke formed a company to compete with his old employer and worked with one of the former owners of his old employer in the new company. His former employer moved some of the equipment of the new company and changed its mailing address without permission of Gieseke or his partner. When Gieseke sued, the courts held that the former employer was not liable for improper interference as that tort is not recognized in Minnesota.

Accepted Answer

A) True 
 B)False

Question 10

Strict liability for ultrahazardous activities is an old concept going back more than a century.

Accepted Answer

A) True 
 B)False

Question 11

When a company buys dangerous chemicals to use in the workplace, it is presumed to be a sophisticated buyer who should know of many of the dangers involved in using the product, so strict liability is not likely to apply to the seller in case of work injury.

Accepted Answer

A) True 
 B)False

Question 12

When false information is intentionally presented as fact there may be a tort of:

Accepted Answer

A)   battery
B)   assault
C)   intentional misrepresentation
D)   unintentional misrepresentation
E)   intentional equivocatingF) A) and B)
G) A) and C)

Question 13

The tort of fraud requires the wrongdoer to intentionally mislead another party.

Accepted Answer

A) True 
 B)False

Question 14

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

Accepted Answer

A)   negligence in construction
B)   breach of tort
C)   privity in warranty
D)   fraud in sales
E)   none of the other choicesF) A) and D)
G) All of the above

Question 15

An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(n) :

Accepted Answer

A)   express warranty
B)   implied warranty
C)   product warranty
D)   caveat emptor
E)   none of the other choicesF) C) and D)
G) B) and D)

Question 16

In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held that:

Accepted Answer

A)   Buick was not responsible to the consumer because it did not make the defective wheel
B)   the wheel manufacturer was liable for negligence for making a defective wheel
C)   Buick was not liable because it did not have privity with MacPherson, the buyer
D)   Buick was not liable; the dealer was liable as the seller of the finished product
E)   none of the other choicesF) A) and D)
G) All of the above

Question 17

An express warranty is:

Accepted Answer

A)   illegal in many states
B)   one the manufacturer contractually provides to the consumer
C)   one the law inserts into the relationship regardless of the actual contract terms
D)   one the consumer insists on
E)   none of the other choices are correctF) C) and D)
G) A) and B)

Question 18

Although Japan has few lawyers per person than the United States:

Accepted Answer

A)   Japan has more legal specialists who do much of the legal work that U.S. lawyers do
B)   Japan has more doctors per person
C)   Japan has more judges per person
D)   Japan does not report accurate employment statistics, so it is unknown how many Japanese lawyers there really are
E)   lawyers do not represent people in court in JapanF) A) and C)
G) All of the above

Question 19

In Old Island Fumigation, a company was held liable for injuries caused by its fumigations activities despite it having been provided false information by the property owner.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following activities is an example of an ultrahazardous activity:

Accepted Answer

A)   crop dusting
B)   blasting with explosives
C)   transporting chemicals in a city
D)   all of the other specific choices are correct
E)   none of the other specific choices are correctF) B) and C)
G) C) and D)

Exam 7: Business Torts and Product Liability

An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(n) :

Correct Answer
verified

Strict liability for ultrahazardous activities is an old concept going back more than a century.

Correct Answer
verified

The basis of the case in a(n) ____ case is the relationship between the manufacturer and the injured party.

Correct Answer
verified

Negligence of other parties is irrelevant to the imposition of liability in ____ cases.

Correct Answer
verified

Under the rule of strict liability in tort, to be successful an injured party must show that the:

Correct Answer
verified

Which of the following activities is an example of an ultrahazardous activity:

Correct Answer
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Most tort suits are filed in:

Correct Answer
verified

In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held that:

Correct Answer
verified

An express warranty is:

Correct Answer
verified

When a company buys dangerous chemicals to use in the workplace, it is presumed to be a sophisticated buyer who should know of many of the dangers involved in using the product, so strict liability is not likely to apply to the seller in case of work injury.

Correct Answer
verified

The tort of fraud requires the wrongdoer to intentionally mislead another party.

Correct Answer
verified

Unknown hazards products liability cases involve:

Correct Answer
verified

In Parish v. ICON, where a person was severely injured when jumping on a trampoline and sued its maker and the maker of a safety net for failure to warn, the Iowa high court held that the manufacturers were not liable because:

Correct Answer
verified

When false information is intentionally presented as fact there may be a tort of:

Correct Answer
verified

In Old Island Fumigation, a company was held liable for injuries caused by its fumigations activities despite it having been provided false information by the property owner.

Correct Answer
verified

Ultrahazardous activity is activity that:

Correct Answer
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Correct Answer
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In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

Correct Answer
verified

Although Japan has few lawyers per person than the United States:

Correct Answer
verified

The rule that "The manufacturer of a product is liable in the production and sale of a product for negligence, if the product may reasonably be expected to inflict harm on the user if the product is defective" originated from:

Correct Answer
verified

Exam 7: Business Torts and Product Liability

An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(n) :

Correct AnswerverifiedShow Answer

Strict liability for ultrahazardous activities is an old concept going back more than a century.

Correct AnswerverifiedShow Answer

The basis of the case in a(n) ____ case is the relationship between the manufacturer and the injured party.

Correct AnswerverifiedShow Answer

Negligence of other parties is irrelevant to the imposition of liability in ____ cases.

Correct AnswerverifiedShow Answer

Under the rule of strict liability in tort, to be successful an injured party must show that the:

Correct AnswerverifiedShow Answer

Which of the following activities is an example of an ultrahazardous activity:

Correct AnswerverifiedShow Answer

Most tort suits are filed in:

Correct AnswerverifiedShow Answer

In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held that:

Correct AnswerverifiedShow Answer

An express warranty is:

Correct AnswerverifiedShow Answer

When a company buys dangerous chemicals to use in the workplace, it is presumed to be a sophisticated buyer who should know of many of the dangers involved in using the product, so strict liability is not likely to apply to the seller in case of work injury.

Correct AnswerverifiedShow Answer

The tort of fraud requires the wrongdoer to intentionally mislead another party.

Correct AnswerverifiedShow Answer

Unknown hazards products liability cases involve:

Correct AnswerverifiedShow Answer

In Parish v. ICON, where a person was severely injured when jumping on a trampoline and sued its maker and the maker of a safety net for failure to warn, the Iowa high court held that the manufacturers were not liable because:

Correct AnswerverifiedShow Answer

When false information is intentionally presented as fact there may be a tort of:

Correct AnswerverifiedShow Answer

In Old Island Fumigation, a company was held liable for injuries caused by its fumigations activities despite it having been provided false information by the property owner.

Correct AnswerverifiedShow Answer

Ultrahazardous activity is activity that:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

Correct AnswerverifiedShow Answer

Although Japan has few lawyers per person than the United States:

Correct AnswerverifiedShow Answer

The rule that "The manufacturer of a product is liable in the production and sale of a product for negligence, if the product may reasonably be expected to inflict harm on the user if the product is defective" originated from:

Correct AnswerverifiedShow Answer

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