LAW 531 Week 2 Quiz1. Mary was getting a journey residence in Johnâs new automotive. On the way in which, a malfunctioning brake brought about an accident and each Mary and John had been injured. Which of the next statements is true of the scenario?Mary can file a negligence lawsuit in opposition to the dealership that bought Jon his automotive.Mar can file a strict legal responsibility swimsuit in opposition to JohnJohn can file a negligence lawsuit in opposition to the dealership from which he purchased the automotive.Mary can get well damages for her harm underneath a idea of strict legal responsibility in opposition to the producer of Johnâs automotive.2. Choose the choice which finest completes this assertion: Enterprise Threat Administration is only when it's a(n)___________ course of.OngoingOne-timeInformalStatic3. Dorothy purchases a chair that was made by Woode Designs, Inc. Whereas making the chair, the legs weren't fastened correctly to the bottom. When Dorothy sits on the chair, it breaks and he or she is injured. In a strict legal responsibility lawsuit, which of the next can Dorothy cite as a defect within the chair?Defect in designFailure to offer sufficient instructionsFailure to warnDefect in manufacture4. Which of the next statements under finest describes the idea of Enterprise Threat Administration?Folks, programs, and processes working collectively throughout the organizations to systematically skinny about and handle a variety of dangers that would impede reaching organizational goals/ alternative.Administration of a single operate of a company that, upon implementation and testing, is then processed entity wideA course of affected by an entityâs leaders, administration, and different personnel that's designed to establish potential occasions which will have an effect on the entity, and to handle riskAn strategy that capitalizes on human intervention as processed via actual change leaders.5. Which of the next is one of the best assertion of the take a look at utilized in figuring out if a defendantâs actions had been the proximate explanation for the plaintiffâs accidents?Was it foreseeable to the plaintiff that the defendant would have interaction on this conduct?Was the harm foreseeable to the plaintiff previous to the injuryâs prevalence?Was it foreseeable that the defendantâs conduct would result in the form of harm that the plaintiff suffered?Was it foreseeable that the defendant was the reason for plaintiffâs accidents given the character of these accidents?6. Bartieâs Inc. sells watercolors and pastels which can be marketed as secure to be used by youngsters. Nevertheless, a number of accounts of lead poisoning had been reported in youngsters who used the merchandise. An investigation revealed that the corporate was knowingly manufacturing colours that contained poisonous quantities of the heavy metallic. Which of the next torts has Bartieâs Inc. dedicated?Skilled malpracticeDisparagementAssaultIntentional misrepresentation7. A plaintiff desires to sue a defendant underneath a tort idea of negligence for his accidents, however the plaintiff is aware of he was partially at fault for his personal accidents. Which of the next is true?A state whose legislation applies contributory negligence won't enable the plaintiff to get well if the plaintiff has any fault for his accidents.If the plaintiffâs fault is simply 5 p.c, his restoration would be the similar underneath both pure or partial comparative negligenceBecause the plaintiff is partly at fault, he won't be able to get well underneath both comparative or contributory negligenceThe plaintiff must elect whether or not to sue underneath comparative or contributory negligence.eight. Diane purchased an motion determine for her son David from Terrenceâs Toy Store. The packaging didn't point out that the toy contained small removable elements. David by chance swallowed and choked on one of many removable elements and needed to be taken to the hospital. On which of the next product legal responsibility fees can Diane sue Terrenceâs Toy Store for damages?NegligenceMisrepresentationFraudNuisance9. The failure to design an vehicle that may correctly defend the occupants from a personâs physique placing one thing inside their vehicle is understood asQuality management doctrineDefective design doctrineCrashworthiness doctrineFailure to design doctrine10. Which of the next is a defect in manufacture?Failure to correctly design the productFailure to incorporate sufficient directions for the productFailure to correctly take a look at the productFailure to correctly bundle the product.11. Making false statements a few competitorâs merchandise, companies, property, or enterprise status may make an organization liable forIntentional misrepresentationTort of appropriationMisappropriation of the correct to publicityDisparagement12. George, Jerry and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts don't fasten throughout takeoff. The airline is sued by all three collectively for accidents brought about and the airline is discovered to be negligent and is directed by the courtroom to pay damages to the injured events. Which of the next events is entitled to get well most damages?Jerry, an expert soccer participant who earns $2 million a yearAll the lads get well the identical quantity of damages, no matter their earnings or professionGeorge, a retired professor who will get a pension of $50,000 a yearHarry, a chartered accountant who earns $200,000 a 12 months13. In an effort to get well in a merchandise legal responsibility case primarily based on strict legal responsibility the plaintiff should show that the product had the defect thatMade the product unreasonably dangerousThe defendant was conscious ofWas attributable to the defendantAffect the worth of the product14. Which of the next is a key factor of profitable Enterprise Threat Administration? Sturdy funding strategiesNondisclosure agreementsManagement commitmentLegal counsel15. Assuming that statutory necessities have been met, what's protected underneath service provider safety statuses?Retailers are shielded from false imprisonment claims of individuals detained on suspicion of shopliftingMerchants are shielded from product disparagement claims of their competitorsMerchants are shielded from negligence claims on their enterprise premisesMerchants are shielded from the intentional torts of their prospects.16. John Harley was on his manner residence when an assailant stopped his automotive and threatened to bodily hurt him if he ever noticed him drive on that road once more. John can sue the assailant to get well damages forAssaultLibelBatteryDisparagement17. Gary Govetty is a well-known film star. A tabloid revealed an interview along with his ex-girlfriend by which she falsely claimed that Gary was utterly bald and had been sporting a wig for a number of years. Gary can sue his ex-girlfriend forDisparagementInvasion of privacySlanderLibel18. In accordance with the doctrine of ________, the plaintiff just isn't required to show that the defendant breached an obligation of care.Contributive negligenceComparative negligenceAssumption of taskStrict legal responsibility19. How does disparagement differ from a defamation of a nonpublic determine?Malicious intent is required for a disparagement case, however just isn't required within the defamation casePublication to a 3rd celebration is required within the defamation case, however not within the disparagement caseMalicious intent is required for the defamation case, however not within the disparagement casePublication to a 3rd celebration is required within the disparagement case, however not within the defamation case20. Which finest describes assumption of the chance in a negligence case?The plaintiff was concerned in an abnormally harmful activityThe defendant gave advance warning to the plaintiff that an harm would occurThe plaintiff knowingly and willingly subjected herself to a dangerous activityThe plaintiff is extra at fault than the defendant inflicting the accident
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