Week 2 Knowledge Check Study Guide

Concepts

Mastery

Questions

Intentional torts

100%

Negligence

100%

100%

100%

10

Product liability and strict

liability
Defenses to product
liability

Score: 12 / 12

11

12

Concept: Intentional torts

Mastery

100%

Questions

1.
Identify the true statement about intentional torts.

A. A person can be sued for assault even if there was no

actual physical contact.

B. A person can be sued for threatening future harm.

C. A person can be accused of battery only if there was
direct physical contact.

D. A person cannot be sued for intending to injure one

person but injuring another instead.

Correct:
The Correct Answer is: A.
Assault is an intentional tort in which there is offensive physical contact or an act that
creates fear of intended harm. A person can be sued for assault even if there was no
actual physical contact.
2.
When does misappropriation of the right to publicity occur?

A. When private information about a person is made

available to the public without the person's consent

B. When the identity of an individual is used to make

commercial gains without the individuals permission

C. When false statements about an individual are made on

a public platform

D. When a false document is signed using another

persons name

Correct:
The Correct Answer is: B.
Misappropriation of the right to publicity occurs when the identity of a living individual
is used by another person or entity for commercial purposes.
3.

Natalia has sued a media agency for publishing false statements about her in one of its
widely circulated newspapers. Natalia has sought damages from the media agency for
violating her reputation. Identify the tort that is illustrated in the scenario.

A. Misappropriation of right to publicity

B. Battery
C. Libel
D. False imprisonment

Correct:
The Correct Answer is: C.
All individuals are protected from damage to their reputation caused by false
statements. Libel is a form of defamation of character in which false information
about an individual appears in writing or in a fixed medium.

Concept: Negligence
Mastery

100%

Questions

4.
What is true about a negligence lawsuit in the context of unintentional torts?

A. The plaintiff does not need to prove that the defendant

owed a duty of care.

B. The plaintiff does not need to prove that actual injury

occurred.

C. The plaintiff should prove that the defendant's

negligence caused the injury.

D. The plaintiff needs to prove that the negligence

occurred in the profession of the defendant.

Correct:
The Correct Answer is: C.
For a negligence lawsuit to be successful, the plaintiff should prove that the
defendant owed a duty of care and that the negligence caused an injury.
5.
What does proximate cause mean?

A. The negligent person or entity is completely responsible

for all the damages caused by the negligence.

B. The plaintiff has the right to decide the extent of the

negligent party's liability.

C. The law limits the liability that the negligent party needs
to assume for the consequences.

D. The compensation for damages is decided based on

the severity of the injury.

Correct:
The Correct Answer is: C.
Proximate cause is a point in the sequence of consequences caused by a negligent
act after which the negligent party is not responsible for the negligent act.
6.
To which of the following scenarios would res ipsa loquitur be most applicable?

A. Laura experienced extreme emotional distress after she

watched her father get severely injured in an accident.

B. Jason was severely injured when a roller-coaster

crashed during a ride in an amusement park.

C. Paulina was seriously injured in a car accident because

she was driving under the influence.

D. Samir lost some of his important documents because of

a negligent accountant.

Correct:
The Correct Answer is: B.
In res ipsa loquitur, it is presumed that the defendant was negligent because the
defendant was the one in control of the situation when the injury occurred and
because the injury could only have occurred as a result of negligence.

Concept: Product liability and strict liability

Mastery

100%

Questions

7.
Identify the true statement about the doctrine of strict liability.

A. It allows a plaintiff to recover damages from a

defendant if the latter's conduct has been intentional.

B. It requires a defendant to prove that a plaintiff has

breached the duty of due care.

C. It can be disclaimed by wholesalers and retail dealers.

D. It also covers informal sales and transactions.

Correct:
The Correct Answer is: A.
Strict liability is a tort doctrine that states that manufacturers, retailers, lessors, and
distributors are liable for the injuries or damages caused by defects in their products.
The doctrine does not require the plaintiff to prove the defendants breach of
negligence.
8.
When does a negligence tort occur in the context of product liability?

A. When a manufacturer intentionally hides a defect of a

product

B. When a lessor knowingly provides false information

about the quality of a product

C. When a seller breaches the duty of due care while

selling a product

D. When a manufacturer makes products under a false

identity

Correct:
The Correct Answer is: C.
A negligence tort involves a breach of the duty of due care; it occurs when the
injuries to an individual are caused by the negligence of a seller or manufacturer. A
lawsuit for negligence tort requires the plaintiff to prove the defendant's fault.
9.
Miranda has filed a lawsuit against a cellphone company that sold her a phone with
defective features. Miranda has filed the case because she believes that the company
intentionally withheld information about the poor features of the product. It was these
defective features that caused Miranda's hand injury. Identify the product liability tort that
would best apply to this scenario.

A. Misrepresentation
B. Negligence
C. Libel
D. Res ipsa loquitur

Correct:
The Correct Answer is: A.
The misrepresentation doctrine states that an individual can file a lawsuit against a
manufacturer or seller for misrepresenting information about the quality of a product
or intentionally concealing a defect in a product.

Concept: Defenses to product liability

Mastery

10.

100%

Questions

10

11

12

What is the most valid defense for a product liability lawsuit?

A. The defendant claims that he or she was not aware of

the possible injury that the product could cause.

B. The defendant claims that the product was not modified

by the plaintiff after it was bought.

C. The defendant claims that the product was used in an

abnormal and wrong manner by the plaintiff.

D. The defendant claims that the product was harmful

because of improper packaging.

Correct:
The Correct Answer is: C.
A seller or manufacturer is not liable for injuries caused by a product if the injuries
resulted from the abnormal misuse of the product.
11.

In a product liability lawsuit, a seller was excused from paying damages to a customer for
injuries caused by a defective product. This was because a number of years had passed
since the seller had sold the product to the customer. What statute can best be applied to
this scenario to protect the rights of the seller?

A. Statute of limitations
B. Statute of proximate cause
C. Statute of repose
D. Statute of contractor defense

Correct:
The Correct Answer is: C.
The statute of repose limits the product liability on sellers to a specified number of
years from the date when the seller first sold the product.
12.
In which case can the doctrine of comparative negligence be used?

A. When part of the plaintiff's injuries have been caused

by the carelessness of the plaintiff

B. When the plaintiff, out of negligence, takes action

against a defendant, several years after the injury has
been caused

C. When the defendant claims that the plaintiff was aware

of the risks of using the product in question

D. When the defendant proves that he or she sold the

product several years prior to the injury

Correct:
The Correct Answer is: A.
The doctrine of comparative negligence applies to cases where the injuries were
partly the result of the plaintiffs negligence. The doctrine states that the damages in
such cases should be shared proportionately by the defendant and the plaintiff.