LAW531 Week 2 – Quiz

LAW 531 Week 2 Quiz1. 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 the situation?Mary can file a negligence lawsuit against the dealership that sold Jon his car.Mar can file a strict liability suit against JohnJohn can file a negligence lawsuit against the dealership from which he bought the car.Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.2. Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n)___________ process.OngoingOne-timeInformalStatic3. 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?Defect in designFailure to provide adequate instructionsFailure to warnDefect in manufacture4. Which of the following statements below best describes the concept of Enterprise Risk Management?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.Management of a single function of an organization that, upon implementation and testing, is then processed entity wideA 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 riskAn approach that capitalizes on human intervention as processed through real change leaders.5. 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 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’s conduct would lead to the kind of injury that the plaintiff suffered?Was it foreseeable that the defendant was the cause of plaintiff’s injuries given the nature of those injuries?6. 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?Professional malpracticeDisparagementAssaultIntentional misrepresentation7. A plaintiff wants to sue a defendant under a 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?A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries.If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligenceBecause the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligenceThe plaintiff will have to elect whether to sue under comparative or contributory negligence.8. 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?NegligenceMisrepresentationFraudNuisance9. The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known asQuality control doctrineDefective design doctrineCrashworthiness doctrineFailure to design doctrine10. Which of the following is a defect in manufacture?Failure to properly design the productFailure to include adequate instructions for the productFailure to properly test the productFailure to properly package the product.11. Making false statements about a competitor’s products, services, property, or business reputation could make a company liable forIntentional misrepresentationTort of appropriationMisappropriation of the right to publicityDisparagement12. 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?Jerry, a professional football player who earns $2 million a yearAll the men recover the same amount of damages, irrespective of their income or professionGeorge, a retired professor who gets a pension of $50,000 a yearHarry, a chartered accountant who earns $200,000 a year13. In order to recover in a products liability case based on strict liability the plaintiff must prove that the product had the defect thatMade the product unreasonably dangerousThe defendant was aware ofWas caused by the defendantAffect the value of the product14. Which of the following is a key element of successful Enterprise Risk Management? Strong investment strategiesNondisclosure agreementsManagement commitmentLegal counsel15. Assuming that statutory requirements have been met, what is protected under merchant protection statuses?Merchants are protected from false imprisonment claims of persons detained on suspicion of shopliftingMerchants are protected from product disparagement claims of their competitorsMerchants are protected from negligence claims on their business premisesMerchants are protected from the intentional torts of their customers.16. John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages forAssaultLibelBatteryDisparagement17. 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 forDisparagementInvasion of privacySlanderLibel18. According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.Contributive negligenceComparative negligenceAssumption of taskStrict liability19. How does disparagement differ from a defamation of a nonpublic figure?Malicious intent is required for a disparagement case, but is not required in the defamation casePublication to a third party is required in the defamation case, but not in the disparagement caseMalicious intent is required for the defamation case, but not in the disparagement casePublication to a third party is required in the disparagement case, but not in the defamation case20. Which best describes assumption of the risk in a negligence case?The plaintiff was involved in an abnormally dangerous activityThe defendant gave advance warning to the plaintiff that an injury would occurThe plaintiff knowingly and willingly subjected herself to a risky activityThe plaintiff is more at fault than the defendant causing the accident