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Exam 6: Torts and Product Liability

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Question 21

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A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

A) Res judicata.
B) Stare decisis.
C) Res ipsa loquitur.
D) Mens rea.

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Question 22

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Trein,Inc.entered into a one-year,$1 million contract with Mia,a sports celebrity,to promote Trein's products.E-presto Inc. ,a competitor of Trein,was interested in having Mia promote its products but knew of her contract with Trein.E-presto offered Mia a three-year,$5 million contract.Mia left Trein and signed with E-presto.If Trein sues E-presto for tortious interference with a contract,E-presto:

A) will be able to establish a justification since E-presto was acting to protect an existing economic interest.
B) will be able to establish a justification because,in talking to Mia,E-presto was exercising its First Amendment freedom of speech.
C) will be able to establish a justification because to decide otherwise would subject Mia to involuntary servitude.
D) will not be able to establish a justification.

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Question 23

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In a negligence case,the plaintiff must establish:

List and discuss the elements necessary to establish negligence.

In awarding punitive damages,a court must consider:

Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous.

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

The intentional tort of battery involves conduct in which:

In a strict liability case,the courts still consider if the defendant acted in a reasonable and prudent manner.

A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

Which of the following is a valid defense to a defamation claim?

Jane tells John that Ann was arrested for stealing a car.The story is entirely false.Ann is not a public figure.Which of the following torts has Jane committed?

Most states recognize some form of comparative negligence.

Public officials and public figures receive less protection from defamation than ordinary people.

Which of the following acts resulting in injury would be negligence per se?

If Gloria threw a rock which hit Merle,she is liable for an intentional tort of battery only if she intended to injure or harm Merle.

Dewayne sold a space heater to Vivian,telling her it would heat a 200-square-foot area,even though he knew it would effectively heat only about one third of that space.Dewayne is liable for the intentional tort of fraud.

Theft is to the criminal law as ____ is to the civil law.

Lori works for Big Corporation as an "at will" employee.Richard,owner of a small store,offers to pay Lori much more money if she will leave Big Corp and work for his store.When Lori starts to work for Richard,Big Corp correctly claims Richard is liable for tortious interference with a contract.

Jim told his manager,Lana,that a co-worker,Diane,had been in prison for theft.Lana checked into the matter and,when she learned that Diane had served time in prison for theft,fired her.