Your answers : 20/20 (100%)Submitted on May 14, 2014, 9:16 PM ú 1 Which best describes assumption of the risk in a negligence case? o The plaintiff knowingly and willingly subjected herself to a risky activity. o The plaintiff was involved in an abnormally dangerous activity. o The plaintiff is more at fault than the defendant in causing the accident. o The defendant gave advance warning to the plaintiff that an injury would occur. Correct ú 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 o the defendant was aware of o affected the value of the product o was caused by the defendant o made the product unreasonably dangerous Correct ú 3 Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) process. o informal o static o one-time o ongoing Correct ú 4 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? o All the men recover the same amount of damages, irrespective of their income or profession o Jerry, a professional football player who earns $2 million a year o George, a retired professor who gets a pension of $50,000 a year o Harry, a chartered accountant who earns $200,000 a year Correct ú 5 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? o Was the injury foreseeable to the plaintiff prior to the injurys occurrence? o Was it foreseeable that the defendants conduct would lead to the kind of injury that the plaintiff suffered? o Was it foreseeable that the defendant was the cause of the plaintiffs injuries given the nature of those injuries? o Was it foreseeable to the plaintiff that the defendant would engage in this conduct? Correct ú 6 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? o Fraud o Negligence o Misrepresentation o Nuisance Correct ú 7 Making false statements about a competitors products, services, property, or business reputation could make a company liable for o intentional misrepresentation o tort of appropriation o misappropriation of the right to publicity o disparagement Correct ú 8 Which of the following is a key element of successful Enterprise Risk Management? o Strong investment strategies o Management commitment o Nondisclosure agreements o Legal counsel Correct ú 9 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? o Mary can recover damages for her injury under a theory of strict liability against the manufacturer of Johns car. o Mary can file a strict liability lawsuit against John. o John can file a negligence lawsuit against the dealership from which he bought the car. o Mary can file a negligence lawsuit against the dealership that sold John his car. Correct ú 10 John Harley was on his way home when an assailant stopped his car and threatened to physically harm him for driving on that street. John can sue the assailant to recover damages for o assault o disparagement o battery o libel Correct ú 11 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? o Disparagement o Assault o Intentional misrepresentation o Professional malpractice Correct ú 12 Which of the statements below best describes the concept of Enterprise Risk Management? o An approach that capitalizes on human intervention as processed through real change leaders o People, systems, and processes working together across the organizations to systematically thin about and manage a wide range of risks that could impede achieving organizational objectives/opportunity o 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 o Management of a single function of an organization that, upon implementation and testing, is then processed entity wide Correct ú 13 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 o quality control doctrine o defective design doctrine o failure to design doctrine o crashworthiness doctrine Correct ú 14 Which of the following is a defect in manufacture? o Failure to include adequate instructions for the product o Failure to properly package the product o Failure to properly test the product o Failure to properly design the product Correct ú 15 According to the doctrine of , the plaintiff is not required to prove that the defendant breached a duty of care. o assumption of risk o comparative negligence o strict liability o contributive negligence Correct ú 16 Assuming that statutory requirements have been met, what is protected under merchant protection statutes? o Merchants are protected from negligence claims on their business premises. o Merchants are protected from product disparagement claims of their competitors. o Merchants are protected from the intentional torts of their customers. o Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting. Correct ú 17 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? o Failure to warn o Defect in manufacture o Failure to provide adequate instructions o Defect in design Correct ú 18 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 ex-girlfriend for o libel o disparagement o slander o invasion of privacy Correct ú 19 How does product disparagement differ from defamation of a nonpublic figure? o Publication to a third party is required in the disparagement case, but not in the defamation case o Publication to a third party is required in the defamation case, but not in the disparagement case o Malicious intent is required for the defamation case, but not in the disparagement case o Malicious intent is required for a disparagement case, but is not required in the defamation case Correct ú 20 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? o If the plaintiffs fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence. o The plaintiff will have to elect whether to sue under comparative or contributory negligence. o Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence. o A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries
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