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Version 32 Product liability occurs when a manufacturer intentionally designs, produces or distributes goods that injure a member or members of the public a True b. False 33. Which statement is FALSE with respect to product lability? a. It is a tort that may affect people or property b. Expands the scope of plaintiffs to include all potential users not just the parties involved in the sale of the product c Is a subcategory of negligence d. Requires proof beyond a reasonable doubt in order to be found liable e. Can be caused by defective or dangerous product 34. Which example below is NOT an example of occupiers' liability? a. Someone slipping and falling in business premises b. Someone slipping and falling at the supermarket C. Someone slipping and falling on the street d. Someone slipping and falling at the fitness gym 35. What test will a court use in order to determine the appropriate standard of care? a. The reasoning test b. The average person test C. The real person test d. The reasonable person test e. The standard person test 36. A fiduciary duty is a regular standard of care that flows from a normal trust relationship a. True b. False 37. Minimizing the risk of product liability should include which of the following, a. Eliminate potential dangers through redesign if possible b. Apply clear and exhaustive warnings securely to products C. Test all products only when they pose a danger d. All of the above e. Only a. and b. above 38. The standard applied in the case of professional negligence is that of a reasonable a regular person a. True b. False Version A strict liability tort Is liability that a court imposes on defendant(s). were negligent b. To show the defendant(s) that the law must be interpreted strictly against them Because it is an intentional tort without the need for proof that the defendantto) intended to cause harm or that they 4. To show the plaintif(s) that the court is strict when it imposes the liability law A nuisance type tort is, a. A tort in which the plaintiff interferes with the use and enjoyment of the defendants property b. is only an intentional tort c. is only an unintentional tort d. A tort in which the defendant interferes with the use and enjoyment of the plaintits property e. Should not be considered a tort at all 41. The level of privacy employees can expect in the workplace is lower than the level of privacy they can expect at home b. False 42. Which ways can a tort NOT be defended? a. Establish that there was a failure to prove the tort b. Establish voluntary assumption of risk c. Establish you had no motive (reason) to commit the tort d. Establish contributory negligence a. True 43. In civil cases, a. The standard of proof is beyond a reasonable doubt b. The plaintiff has the burden of proof to prove facts at trial C. For negligence type claim, defendant must prove all four (4) elements d. Only a. and b. above e. Only b. and c. above 44. The voluntary assumption of risk, a. Can be a complete defence and result in no compensation being awarded b. Involves the plaintiff reading and signing a waiver of liability C. The defendant voluntarily assumes responsibility for their own fate d. Only a. and c. above e. Only a. and b. above a 19. Possible defences to the tort of defamation include, 3. Fair Comment b. Truth o Honest mistake d. All the above e. Only a, and b. above 20. Avoid potentially defamatory remarks by NOT doing the following. a Review all advertising and marketing material, especially if it identifies a competitor b. Advertise the benefits of your own product while equally criticizing products of competitors C. Have a lawyer review all negative advertising d. Train employees in media relations before they speak on behalf of your business or refer to a competitor 21. A car manufacture that calls itself BMV can be expected to be sued by BMW because, a. The car name BMV may hurts the reputation of BMW b. The name BMV may cause confusion to the consumer C. BMW does not like BMV and it's feelings were hurt d. All of the above e. Only a, and b. above 22. In order to minimize the risk of being found liable for the tort of passing off in naming and design of products a person or business should a. Research the marketplace before naming your product or business b. Make the product design similar to competitors' product c. Do not register your trademark d. All of the above e. Only a, and c. above 23. Everyone has the right to use reasonable force to defend themselves and what is "reasonable" is determined by the courts a. True b. False 24. Which one of the following CANNOT be both an intentional and unintentional tort? a. Product liability b. Trespass to land c. Nuisance d. Invasion of privacy Page 5 of Version Alorf is a civil wrong other than breach of contract that can be an act or omission defondant back in position he or she would have been in had they not been wronged lure to act) for which damages can be sought and the goal of law is to put the True b. False a. True Negligenco occurs when a business or Individual commits scareless act that results in intended harm to another b. Falso 27. What negligence type tort are most business people NOT ikely to encounter? a Occuplers' liability b. Professional negligence c. Product liability d. Passing off 28. The elements of negligence include which of the following? a. Duty of care, standard of care, loss or injury and must be intentional b. Duty of care, standard of care, loss or injury and foreseeability C Duty of care, standard of carelessness, loss or injury and foreseeability d. Standard of duty, loss or injury, foreseeability 29. Businesses owe a duty of care to their customers, suppliers and anyone lese who could reasonably be expected to come into contact with their products or service. b. False a. True 30. The court will use what test in order to determine the issue of causation? a. The "as is" test b. The "reasonable person" test c. The "negligence" test d. The "but for test e. The "causation" test 31. In most cases where there are multiple causes of an injury the court often finds that parties have jointly caused the plaintiffs injury and therefore are jointly held respons a. True b. False 1. Tortlaw is categorized as: a. Public Law b. Private Law 2. Which of the following is NOT an intentional tort? a. Defamation b. False imprisonment c. Passing of d. Negligence e. Assault and Battery 3. The primary purpose of tort law is: a. To punish wrongdoers b. To prevent crime c. To compensate victims for wrongful conduct d. To ensure contractual promises are kept e. To force people to do good 4. The plaintiff is the party who is sued in a tort action (lawsuit). a. True b. False 5. It is important for business people to be aware of tort law because, a. Tort judgements are expensive b. Tort judgments are predictable c. Tort judgments are a public relations nightmare d. b. and c. above e. a. and c. above 6. A person who a judge finds to have committed a tort is described as being found, a. Guilty b. Innocent c. Responsible d. Liable e. Accountable