UNIT 3 ELEARNING Torts Prod Liability DO NOT SHARE OR REPRODUCE - VIOLATION=ACADEMIC MISCONDUCT

Question 1

Conspicuous, written: “THERE ARE NO WARRANTIES THAT EXTEND BEYOND DESCRIPTION ON FACE HEREOF”

Accepted Answer

Will likely disclaim the implied warranty of fitness

Question 2

B (team X) penalized for running into A (team Y) while A is punting in football game; A injured

Accepted Answer

No battery-because within range of ordinary football contact

Question 3

Oral statement: “THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF”

Accepted Answer

Disclaims neither implied warranty of merchantab nor fitness

Question 4

Jury = $100,000 damages in pure comparative negligence jurisdiction. P 15% responsible. P gets:

Accepted Answer

$85,000

Question 5

D served P soup with a bug in it. Before bite, P noticed bug, asked for difft soup. D replaced.

Accepted Answer

P will not win since he did not sustain any damages

Question 6

V steals T's bicycle and gives it to G. G doesn't know it is stolen. T sues G for conversion.

Accepted Answer

G liable for conversion, acquire in good faith no defense

Question 7

Dee truthfully states Mel falsified M's resume. D's statement harmed M. M can successfully sue:

Accepted Answer

Dee for none of the above

Question 8

Jury = $100,000 damages in mixed comparative negligence jurisdiction. P 15% responsible. P gets

Accepted Answer

$85,000

Question 9

Employer makes statements about former employee to prospective employer in front of 2 people

Accepted Answer

Possible conditional privilege; abuse because others present

Question 10

What kind of contact must the plaintiff prove as an element of the tort of battery?

Accepted Answer

Harmful or offensive contact

Question 11

Cy buys shoes from Liz. L asks C to inspect; C refuses. Shoes have reasonably apparent defect.

Accepted Answer

L disclaimed implied warranties of merchantability & fitness

Question 12

Al locks Cy in closet for 3 mins, then lets out. Is a window in closet, which is on 5th floor.

Accepted Answer

Cy can only win if can prove Al intended to confine C

Question 13

X lock Y in closet 15 min. Unknown to Y closet secret door at back, would've opened if push on.

Accepted Answer

False imprisonment because no reasonable means of escape

Question 14

Jury = $100,000 damages in contributory negligence jurisdiction. P 15% responsible. P gets:

Accepted Answer

Nothing

Question 15

In negligence, which factor typically given most weight by court determining if breach occurred

Accepted Answer

Reasonable foreseeability of the harm

Question 16

Traditional premises liability cases, people given HIGHEST duty by premises owner were:

Accepted Answer

Invitees

Question 17

Hiker request hike boots for extended backpack trip on rough terrain, fell apart 1st day

Accepted Answer

Both implied warranties (if seller was a merchant)

Question 18

Who may create an express warranty?

Accepted Answer

Any seller

Question 19

To whom is section 402A strict product liability most likely to apply?

Accepted Answer

Merchantlike seller regularly selling goods of kind at issue

Question 20

If public official Governor of Indiana was plaintiff in defamation case, have to prove _____.

Accepted Answer

Actual malice

Question 21

A's boss falsely accuses her of theft, asks to come to office for question. A does; stays 30min

Accepted Answer

No false imprisonment

Question 22

A model of goods creates express warranty that goods will conform to model (assuming relied on)

Accepted Answer

True

Question 23

B (boss) told Z (atwill) to sell defective toasters. Z refused. B fired Z. Wrongful discharge?

Accepted Answer

Yes, likely public policy exception

Question 24

What is an example of a situation where strict liability will be imposed?

Accepted Answer

All of the above

Question 25

Usual UCC SOL express/implied warranty claims ____ after seller offers defective goods to buyer

Accepted Answer

Four years

Question 26

Jury = $100,000 damages in pure comparative negligence jurisdiction. P 70% responsible. P gets:

Accepted Answer

$30,000

Question 27

PRIVATE QUIZ OPEN ONLY FOR THIS SEMESTER E-LEARN. DON'T SHARE/REPRODUCE. VIOLATION OF THIS POLICY=ACADEMIC MISCONDUCT

Accepted Answer

BY PLAYING THIS KAHOOT, I AGREE NOT TO SHARE OR REPRODUCE CONTENT., BY PLAYING THIS KAHOOT, I AGREE NOT TO SHARE OR REPRODUCE CONTENT.

Question 28

Fiona sells used clothing. Sign by cash register says all clothing is sold, "AS IS."

Accepted Answer

F disclaimed both implied warranty merchantability & fitness

Question 29

Standard for ultra hazardous activities?

Accepted Answer

Strict liability (because of extreme risk of the activity)

Question 30

Publicize facts concern someone’s private life invasion privacy if highly offensive to R person

Accepted Answer

Public disclosure of private facts

Question 31

What effect does the rule of res ipsa loquitur have in a negligence case?

Accepted Answer

Shifts burden to Def to rebut presumption of breach of duty

Question 32

Nelly sees Quincy in class & Nelly says, “Q, I'm going to beat you up tomorrow.” Tort claim?

Accepted Answer

None of the above

Question 33

F, florist, sells car to B, baker. Car defective. Implied warranty of merchantability created?

Accepted Answer

No, F is not a merchant with respect to cars

Question 34

Which statement is NOT TRUE about Conditional Privilege Statutes?

Accepted Answer

Covers only false imprisonment

UNIT 3 ELEARNING Torts Prod Liability DO NOT SHARE OR REPRODUCE - VIOLATION=ACADEMIC MISCONDUCT

Questions 34

UNIT 3 ELEARNING Torts Prod Liability DO NOT SHARE OR REPRODUCE - VIOLATION=ACADEMIC MISCONDUCT

Questions 34