Chapters 4 & 5 Examination (take-home)

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) The legal effect of the presence of a superseding event is that: 
A) Thee burden of proof shifts from the plaintiff to the defendant. 
B) Intent must be proven in addition to the elements of negligence. 
C) The defendant is not liable even if the plaintiff has proved all the elements of negligence. 
D) The plaintiff and defendant will share liability. 


2) The tort of palming off involves: 
A) representing one's own goods to be those of a competitor. 
B) making false statements about the goods of another. 
C) blaming another for one's own actions and communicating that blame to at least one other person. 
D) knowingly selling goods that are defective. 
E) failing to credit another for that other person's legal accomplishments. 


TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
3) The doctrine of negligence per se is used where the plaintiff was unable to observe the conduct of the defendant that led to the injury. 


ESSAY. Write your answer in the space provided or on a separate sheet of paper.
4) In what circumstances should persons be liable for materials put on Internet Web sites? For example, should persons who post bomb-making information be responsible to the victims of someone who acts on this information? Should persons be liable who call for someone to be killed, but take no action themselves toward accomplishing this other than to call for others to do the killing? What if someone makes extremely derogatory comments about another person or corporation and widely distributes them? In this circumstance, should the defamation requirement that the statements be fact, and not opinion, apply? 


TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
5) Conversion occurs when someone deprives the rightful owner of personal property of the use and enjoyment of that property by treating it as her own. 


MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
6) Power Tool Company manufactures table saws. These saws have several safety devices including a permanent blade guard. This guard keeps the user's hands from touching the blade while it is moving. Ralph buys a Power table saw, but he takes off the blade guard because it inhibits the type of work he wants to do. Later, Ralph is injured while using the saw. If the blade guard had been left on, Ralph would not have been injured. Ralph sues Power Tool Co. under a strict liability theory. The best defense that Power could raise based on these facts is: 
A) supervening event. 
B) assumption of risk. 
C) state of the art. 
D) misuse of the product. 
E) generally known dangers. 


TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
7) The original seller of the product is liable for an injury caused by a modification of the product even if the modification occurred after it left the seller's possession. 


MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
8) Which of the following best describes the defense of correction of a defect? 
A) The defense applies in a situation where a user received a recall notice to correct the defect but did not comply with the notice. 
B) It applies only if the manufacturer replaces the defective product at no additional charge to the owner. 
C) The defense applies only if the particular sample of the item was repaired, thus fixing the defect. 
D) The defense applies if a product is redesigned such that future production does not contain the defect. 


TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
9) A household appliance that works fine but that is designed without proper safeguards would be defective in terms of product liability law. 


10) A statute of repose sets a limited time after an injury occurs in which a product liability suit can be brought.