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Questions 1. Correct 2. Correct 3. Correct 4. Correct 5. Correct 6. Correct 7. Correct 8. Correct 9. Correct 10. Correct 11. Correct 12. Correct 13. Correct 14. Correct 15. Correct 16. Correct 17. Correct 18. Correct 19. Correct 20. Correct Your answers : 20/20 (100%) Submitted on Aug 26, 2013, 8:13 PM 1
Which best describes assumption of the risk in a negligence case?

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. The defendant gave advance warning to the plaintiff that an injury would occur.

Correct 2
In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect that

was caused by the defendant

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affected the value of the product

the defendant was aware of made the product unreasonably dangerous

Correct 3
Start Over

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?

George, a retired professor who gets a pension of $50,000 a year 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

Harry, a chartered accountant who earns $200,000 a year

Correct 4
Assuming that statutory requirements have been met, what is protected under merchant protection statutes?

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 the intentional torts of their customers. Merchants are protected from negligence claims on their business premises.

Correct 5
How does product disparagement differ from defamation of a nonpublic figure?

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
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Publication to a third party is required in the disparagement case, but not in the defamation case

Correct 6
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 manufacture

Failure to provide adequate instructions Failure to warn Defect in design

Correct 7
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

libel assault battery

disparagement

Correct 8
Which of the statements below best describes the concept of Enterprise Risk Management?

An approach that capitalizes on human intervention as processed through real change leaders

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 People, systems, and processes working together across the organizations to systematically thin about and
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manage a wide range of risks that could impede achieving organizational objectives/opportunity

Correct 9
Which of the following is a key element of successful Enterprise Risk Management?

Strong investment strategies Legal counsel

Nondisclosure agreements

Management commitment

Correct 10
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 that the defendant was the cause of the plaintiffs injuries given the nature of those injuries?

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 to the plaintiff that the defendant would engage in this conduct?

Correct 11
According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.

contributive negligence

strict liability

assumption of risk comparative negligence

Correct 12
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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?

A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries The plaintiff will have to elect whether to sue under 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.

Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.

Correct 13
Making false statements about a competitors products, services, property, or business reputation could make a company liable for

disparagement tort of appropriation

misappropriation of the right to publicity

intentional misrepresentation

Correct 14
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 this situation?

Mary can file a strict liability lawsuit against John. Mary can file a negligence lawsuit against the dealership that sold John his car. 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.

Correct 15
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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?

Disparagement

Intentional misrepresentation

Assault Professional malpractice

Correct 16
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?

Misrepresentation

Negligence

Fraud Nuisance

Correct 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 exgirlfriend for

invasion of privacy slander

disparagement

libel

Correct
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18
The failure to design an automobile that will properly protect the occupants from a persons body striking something inside their automobile is known as the

failure to design doctrine

quality control doctrine

crashworthiness doctrine defective design doctrine

Correct 19
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

Correct 20
Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.

informal

one-time ongoing static

Correct

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