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Exam 6: Torts and Product Liability

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Question 21

Multiple Choice

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Concept Computers, a computer store, takes unethical steps to divert the customers of Digit All Goods, an adjacent competing store. Concept may be liable for

A) appropriation.
B) wrongful interference with a business relationship.
C) wrongful interference with a contractual relationship.
D) none of the choices.

E) All of the above
F) None of the above

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Question 22

Multiple Choice

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Reilly makes a misrepresentation to Sonny, a consumer, who buys Reilly's product. In using the product, Sonny suffers an injury. To serve as a basis for recovery, the misrepresentation must concern

A) a material fact.
B) a national fact.
C) an ethereal fact.
D) a scientific fact.

E) None of the above
F) B) and D)

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Question 23

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An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

A manufacturer's liability to an injured party on a strict product liability theory can be virtually unlimited.

Sharp Computer Corporation makes hard drives. Tally discovers that her Sharp drive is defective and sues the maker for product liability based on misrepresentation. To win, Tally must show that

Ian steals a business law textbook from Jules. Kris, who does not know that the book is stolen, buys it from Ian. Kris has committed

Mixing Equipment, Inc. (MEI) , makes paint-mixing equipment. Nia is injured by a defective MEI mixer. A statute restricts the time within which, after Nia is injured, she may file a product liability suit. This is a statute of

Bill enters onto Cindy's property to help Donna, who is in danger. Cindy charges Bill with trespass to land. Bill has

Digital Systems, Inc. (DSI) , makes storage media and other peripheral computer products. A DSI product may be unreasonably dangerous due to

Jay drops a bowling ball on Kyla's foot. Jay is liable for negligence if he acted

A person may commit an intentional tort if he or she acts knowing with substantial certainty that certain consequences will result.

To commit the tort of trespass to land, a person must harm the land.

Will enters the Xtreme Decathlon, an athletic competition, an event in which Will has competed before. Regarding the risk of injury, Will assumes

Infinite Variety Corporation makes products that Jostle Sales Company sells to consumers online, through catalogs, and in retail outlets. Holding makers and sellers strictly liable for the cost of injuries to consumers from harmful or defective products is based in part on the policy that

A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event.

False imprisonment is a tort only if the confinement or restraint is justified.

A statute of repose may limit the time within which a plaintiff can file a product liability suit.

Orin is injured while using mountain-climbing equipment made by Peaks Pike Corporation. A statute that limits the time within which Orin can file a product liability suit against Peaks, beginning with the date of the equipment's manufacture, is a statute of

In theory, causation in fact is limitless.

A person assumes all risks associated with any activity in which he or she participates.