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Was it foreseeable to the plaintiff that the defendant would engage in this conduct 7.) 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 8.) 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 disparagement battery libel assault 9.) Diane bought an action figure for her son David from Terrence’s 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 Terrence’s Toy Shop for damages? Nuisance Fraud Negligence Misrepresentation 10.) How does product disparagement differ from 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 Publication to a third party is required in the disparagement case, but not in the defamation case Malicious intent is required for the defamation case, but not in the disparagement case 11.) The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as the defective design doctrine failure to design doctrine quality control doctrine crashworthiness doctrine 12.) 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 defendant gave advance warning to the plaintiff that an injury would occur. The plaintiff knowingly and willingly subjected herself to a risky activity. 13.) Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for tort of appropriation misappropriation of the right to publicity disparagement intentional misrepresentation
Page 1 and 2: LAW 531 Week 6 Quiz LAW 531 Week 6
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