- According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.
assumption of risk
Which best describes assumption of the risk in a negligence case?
The defendant gave advance warning to the plaintiff that an injury would occur.
The plaintiff was involved in an abnormally dangerous activity.
The plaintiff is more at fault than the defendant in causing the accident.
The plaintiff knowingly and willingly subjected herself to a risky activity.
Bartie’s, Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal. Which of the following torts has Bartie’s, Inc. committed?
Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for
misappropriation of the right to publicity
tort of appropriation
A plaintiff wants to sue a defendant under the tort theory of negligence for his injuries, but the plaintiff knows he was partially at fault for his own injuries. Which of the following is true?
The plaintiff will have to elect whether to sue under comparative or contributory negligence.
Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.
If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence.
A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries
Diane bought an action figure for her son David from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages?
Which of the following is a key element of successful Enterprise Risk Management?
Strong investment strategies
Assuming that statutory requirements have been met, what is protected under merchant protection statutes?
Merchants are protected from product disparagement claims of their competitors.
Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.
Merchants are protected from negligence claims on their business premises.
Merchants are protected from the intentional torts of their customers.
Which of the following is the best statement of the test applied in determining if a defendant’s actions were the proximate cause of the plaintiff’s injuries?
Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered?
Was it foreseeable to the plaintiff that the defendant would engage in this conduct?
Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?
Was it foreseeable that the defendant was the cause of the plaintiff’s injuries given the nature of those injuries?
Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for
invasion of privacy
Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?
Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.
John can file a negligence lawsuit against the dealership from which he bought the car.
Mary can file a negligence lawsuit against the dealership that sold John his car.
Mary can file a strict liability lawsuit against John.
George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during takeoff. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?
All the men recover the same amount of damages, irrespective of their income or profession
Harry, a chartered accountant who earns $200,000 a year
Jerry, a professional football player who earns $2 million a year
George, a retired professor who gets a pension of $50,000 a year
Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.
Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?
Failure to warn
Defect in manufacture
Failure to provide adequate instructions
Defect in design
In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect that
affected the value of the product
made the product unreasonably dangerous
the defendant was aware of
was caused by the defendant
The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as the
failure to design doctrine
defective design doctrine
quality control doctrine
John Harley was on his way home when an assailant stopped his car and threatened to physically harm him for driving on that street. John can sue the assailant to recover damages for
Which of the following is a defect in manufacture?
Failure to properly design the product
Failure to include adequate instructions for the product
Failure to properly test the product
Failure to properly package the product
Which of the statements below best describes the concept of Enterprise Risk Management?
Management of a single function of an organization that, upon implementation and testing, is then processed entity wide
A process affected by an entity’s leaders, management, and other personnel that is designed to identify potential events that may affect the entity, and to manage risk
An approach that capitalizes on human intervention as processed through real change leaders
People, systems, and processes working together across the organizations to systematically thin about and manage a wide range of risks that could impede achieving organizational objectives/opportunity
How does product disparagement differ from defamation of a nonpublic figure?
Publication to a third party is required in the disparagement case, but not in the defamation case
Malicious intent is required for the defamation case, but not in the disparagement case
Publication to a third party is required in the defamation case, but not in the disparagement case
Malicious intent is required for a disparagement case, but is not required in the defamation case