1.) Which of the following is a key element of successful Enterprise Risk Management?
Strong investment strategies
2.) According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.
assumption of risk
3.) Mary was getting a ride home in John’s 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?
Mary can file a negligence lawsuit against the dealership that sold ...view middle of the document...
) Which of the following is a defect in manufacture?
Failure to properly design the product
Failure to include adequate instructions for the product
Failure to properly test the product
Failure to properly package the product
8.) John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for
9.) Diane bought an action figure for her son David from Terrence’s 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 Terrence’s Toy Shop for damages?
10.) How does product disparagement differ from defamation of a nonpublic figure?
Malicious intent is required for a disparagement case, but is not required in the defamation case
Publication to a third party is required in the defamation case, but not in the disparagement case
Publication to a third party is required in the disparagement case, but not in the defamation case
Malicious intent is required for the defamation case, but not in the disparagement case
11.) The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as the
defective design doctrine
failure to design doctrine
quality control doctrine
12.) Which best describes assumption of the risk in a negligence case?
The plaintiff was involved in an abnormally dangerous activity.
The plaintiff is more at fault than the defendant in causing the accident.
The defendant gave advance warning to the plaintiff that an injury would occur.
The plaintiff knowingly and willingly subjected herself to a risky activity.
13.) Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for
tort of appropriation
misappropriation of the right to publicity
14.) 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?
If the plaintiff's fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence.
The plaintiff will have to elect whether to sue under comparative or contributory negligence.
Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.
A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault...