LAW 531 Week 2 Quiz
1. Mary was getting a ride home in Johns 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 John
John 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 Johns car.
2. Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n)___________ process.
Ongoing
One-time
Informal
Static
3. 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 design
Failure to provide adequate instructions
Failure to warn
Defect in manufacture
4. 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 wide
A process affected by an entitys 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.
5. Which of the following is the best statement of the test applied in determining if a defendants actions were the proximate cause of the plaintiffs 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 injurys occurrence?
Was it foreseeable that the defendants conduct would lead to the kind of injury that the plaintiff suffered?
Was it foreseeable that the defendant was the cause of plaintiffs injuries given the nature of those injuries?
6. Barties 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 Barties Inc. committed?
Professional malpractice
Disparagement
Assault
Intentional misrepresentation
7. 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 plaintiffs fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence
Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence
The plaintiff will have to elect whether to sue under comparative or contributory negligence.
8. Diane bought an action figure for her son David from Terrences 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 Terrences Toy Shop for damages?
Negligence
Misrepresentation
Fraud
Nuisance
9. The failure to design an automobile that will properly protect the occupants from a persons body striking something inside their automobile is known as
Quality control doctrine
Defective design doctrine
Crashworthiness doctrine
Failure to design doctrine
10. 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.
11. Making false statements about a competitors products, services, property, or business reputation could make a company liable for
Intentional misrepresentation
Tort of appropriation
Misappropriation of the right to publicity
Disparagement
12. 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 year
All the men recover the same amount of damages, irrespective of their income or profession
George, a retired professor who gets a pension of $50,000 a year
Harry, a chartered accountant who earns $200,000 a year
13. In order to recover in a products liability case based on strict liability the plaintiff must prove that the product had the defect that
Made the product unreasonably dangerous
The defendant was aware of
Was caused by the defendant
Affect the value of the product
14. Which of the following is a key element of successful Enterprise Risk Management?
Strong investment strategies
Nondisclosure agreements
Management commitment
Legal counsel
15. 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 shoplifting
Merchants are protected from product disparagement claims of their competitors
Merchants are protected from negligence claims on their business premises
Merchants 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 for
Assault
Libel
Battery
Disparagement
17. 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
Disparagement
Invasion of privacy
Slander
Libel
18. According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.
Contributive negligence
Comparative negligence
Assumption of task
Strict liability
19. 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 case
Publication to a third party is required in the defamation case, but not in the disparagement case
Malicious intent is required for the defamation case, but not in the disparagement case
Publication to a third party is required in the disparagement case, but not in the defamation case
20. Which best describes assumption of the risk in a negligence case?
The plaintiff was involved in an abnormally dangerous activity
The defendant gave advance warning to the plaintiff that an injury would occur
The plaintiff knowingly and willingly subjected herself to a risky activity
The plaintiff is more at fault than the defendant causing the accident