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Exam 6: Torts and Product Liability

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Question 31

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The idea behind punitive damages is that

A) torts that occur in a commercial setting are far more serious than torts affecting private individuals.
B) certain behavior is so unacceptable that society must make an example of it.
C) the right to free speech is not absolute and must sometimes be restricted.
D) the defendant must be restored to the position he/she was in before the injury.

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Question 32

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A defendant engaging in an ultrahazardous activity is almost always liable for any harm that results.

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Question 33

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Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed

Kelley went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries?

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely result in this case?

A tort is a violation of a duty imposed by the civil law.

Tracy is an employee of Zebra Toy Company, and both parties are free to terminate her employment at will. One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor, Tiger Toys. Over a period of about three months, Tiger Toy representatives convince Tracy to work with them. Tiger offers a larger base salary with bigger commissions than she had with Zebra. When Tracy leaves Zebra, it sues Tiger Toys claiming it intentionally interfered with a contractual relationship. Will Zebra Toy Company be successful?

There are four elements to a defamation case, and the plaintiff in any kind of lawsuit must prove one of the four elements to prevail.

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

While hunting, Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush. Under the common law, Adele is liable for Roger's injuries.

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as

Jim told his manager, Lana, that a coworker, 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, she fired her.

The doctrine of contributory negligence is followed in most states.

A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.

Discuss the four elements that must be proven in order to win a defamation case.​

A witness testifying in a court or legislature may never be sued for defamation.

In strict liability, if a company sells a beverage in a can that has sharp edges and injures several consumers, it will be held liable even if it didn't know about the problem.

Working out some frustrations after a bad game, Jessica angrily hits a baseball and then sees it is flying toward the umpire. She yells, "Watch out!" The umpire ducks and the ball misses him. Since there was no physical contact, no assault or battery occurred.

List and discuss the elements necessary to establish negligence.

Discuss the concepts of contributory negligence and comparative negligence.