Question

21-Errol works for Food Packing Company. Errol’s supervisor Gwen writes a negative review of Errol’s performance. Gwen believes the statements are true, and limits their communication to the firm’s management. In a tort action for defamation, Gwen can most likely assert as a successful defense a. privilege. b. none of the choices. c. contempt. d. malice. 22-Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for a. none of the choices. b. conversion. c. wrongful interference with a business relationship. d. appropriation. 23-Buddy’s Burgers advertises so effectively that the regular customers of its competitor Slimy’s Sliders patronize Buddy’s instead of Slimy’s. This is a. none of the choices. b. wrongful interference with a business relationship. c. wrongful interference with a contractual relationship. d. conversion. 24-Dylan applies for a position with Electrical Works LLC. Dylan’s previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is a. defamation. b. not defamation because the review was not published. c. not defamation because Dylan was not employed by Electrical Works. d. not defamation because Dylan was employed by Federal Circuits.

25-Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for

a. nonmonetary aspects of the harm suffered, such as loss of reputation.

b. the defendant's reckless disregard of the effect on the life of another.

c. all of the choices.

d. monetary losses, such as lost wages and benefits.

26-Mai is struck and injured when the brakes fail on Novi’s all-terrain vehicle (ATV), which is damaged in the collision. Off-Road Inc. sold the ATV to Novi. Under product liability laws, Off-Road could be liable to

a. none of the parties.

b. Mai and Novi.

c. Novi, but not Mai.

d. Mai, but not Novi.

27-EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

a. that the feed caused her damage.

b. how the feed became poisoned.

c. all of the choices.

d. why the feed was poisoned.

28-Motor Corporation (MC) makes cars and trucks. National Sales Company sells all MC vehicles. Open Road Inc. leases only the cars. Under product liability laws, liability for injuries or damage caused by an MC vehicle may be imposed on

a. MC or National Sales only.

b. MC only.

c. none of the parties.

d. MC, National Sales, or Open Road.

29-Cold Play Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, Cold Play may be liable to

a. Esty only.

b. Dale only.

c. Dale and Esty.

d. none of the parties.

30-Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

a. Excavation is a corporation.

b. the activity is extremely risky.

c. the activity is inherently negligent.

d. the amount of liability can be added to the costs of construction.

Answer 1

21. someone defames another person does not mean that a lawsuit will be successful. There are a number of defenses to defamation claims. If the defamer can successfully claim one of these defenses, he might be able to win the case despite the defamation.

The major defenses to defamation are:

• truth
• the allegedly defamatory statement was merely a statement of opinion
• consent to the publication of the allegedly defamatory statement
• absolute privilege
• qualified privilege

so the correct option is a privilege

22. correct option is none of choices

23. Buddy’s Burgers advertises so effectively that the regular customers of its competitor Slimy’s Sliders patronize Buddy’s instead of Slimy’s- this is business strategy and correct option is none of choices

24.defamation in the workplace occurs when employers or colleagues publish or produce false statements of fact, without privilege to do so, which harms the reputation of an employee.Section 6(2) of the Act provides that “defamation consists of the publication, by any means, of a defamatory statement concerning a person .In the above case no defamation reason being review was not published

25.the term “damages” refers to the sum of money that is awarded to the plaintiff in a lawsuit.in the above case marco must be awarded general damage to compensate hiim for non monetary aspect of harm suffered such as loss of reputation

26 Manufacturers, distributors and retailers can all be sued for strict liability. in the above case off Road could be liable to Mai, but not Novi

27.In a strict liability case, the plaintiff (the person filing a personal injury lawsuit) usually must show that:

-the product was unreasonably unsafe or unreasonably dangerous when it was designed, manufactured, or sold

-the seller expected and intended that the product would reach the consumer without changes to the product, and

-the plaintiff was injured by the defective product.

Gina must shown that the feed caused her damage

28.Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.

In the above case liability would be imposed on MC, National Sales, or Open Road.

29.Strict product liability is the theory that a distributor, seller, or manufacturer is liable for a defective product regardless of the plaintiff’s fault. It does not matter whether the seller, distributor, or manufacturer of the product take reasonable steps to ensure the product was not defective. In the above case cold ply liable to dale and esty

30.Strict liability often applies when people engage in inherently dangerous activities. There are many factors a court will use to determine whether or not an activity is inherently dangerous. Some activities, use of heavy explosives or dangerous chemicals, are inherently dangerous in any circumstance. strict liability would be imposed because activity is extremely risky