Q. Which of the following is true of tort law?
Tort law originated from statutory laws.
Tort law originated from the common law
Tort law is based on the mutuality of promises made between individuals or entities.
Tort law tries to compensate for damages caused from a breach of promise.
Q. A(n) ________ is a civil wrong that involves taking action that is so inherently dangerous under the circumstances of its performance that no amount of due care can make it safe.
Battery
Negligence
Strict Liability tort
Injury resulting in over 1 million dollars of medical expenses
Q. An intentional tort is one in which the defendant is involved in a(n) ________.
Purposeful action that causes injury or damage
Failing to live up to a promise
Careless action that causes harm
All of the above
None of the above
Q. Katherine purchased a pair of earphones from Simon. They are defective and injure her ear. She brings a strict liability action against Simon. Which of the following statements is true of this scenario?
Simon is not liable as he has not entered into any contractual relation with Katherine.
If Simon has exercised all possible care in sale of the product, he is not liable.
Simon is not liable as he is not the manufacturer of the product.
If Simon is not engaged in the business of selling electronic goods, he is not liable.
Q. A(n) ________ is a disavowal of liability for breach of warranty by the manufacturer or seller of a good in advance of the sale of the good.
Disclaimer
Implied Warranty of Fitness for Consumption
Express Warranty
Plea for forgiveness
Q. Which of the following statements is true of implied warranty of merchantability?
Applies to both product and service contracts
Must be clearly stated on the product or accompanying sales documents to be enforceable against seller
states that the product being sold is the safest one that can be produced with the scientific knowledge available.
A promise implied by law that the goods are reasonably fit for their ordinary purpose
Q. ________ is a warranty that automatically arises out of a transaction.
Express Warranty
Implied by law
Exculpatory Clause
Adhesion Rights
Q. Which of the following is an example of an activity that can give rise to a strict liability tort?
Hiring an employee who has a contract of employment in force with another company
Deliberately making untrue statements about a competitor
Driving a car while intoxicated
Using explosives to demolish an old building
Q. Scorpeo Inc. responds to bomb threats by installing security cameras in its office, even in locker rooms and restrooms. It does not inform its employees about the security cameras. One of its employees decides to file a lawsuit against Scorpeo. Which of the following torts has Scorpeo committed in this scenario?
Defamation of character
No liability due to the shopkeepers privilege
Negligence
Invasion of privacy
Q. Martin is a security guard in a clothing store. He suspects Emma, a customer, of shoplifting. He locks Emma in a room and does not allow her to leave the store until he has searched through her belongings and interrogated all the witnesses. If Emma is entirely innocent of any wrongdoing, and assuming that the state in which this occurred does not recognize the shopkeepers' privilege, which of the following torts has Martin committed?
False imprisonment
Defamation of character
Intentional interference with a contractual relationship
Negligence
Q. The plaintiff was injured when a fire extinguisher failed to work as the plaintiff, who never used a fire extinguisher before, tried to use it to put out a fire.
What legal theories are available to the injured party to recover for the injury? What facts need to be established for manufacturer liability?
Are there any legal defense available to the manufacturer? What facts would be needed?