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Exam (elaborations)

BUL3310 Main EXAM with 100% Correct Solutions to Questions

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  • Course
  • BUL 3310
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  • BUL 3310

In early product liability cases, a consumer who was injured by a defectively manufactured product could only sue the retailer who sold her the product. The retailer would then sue the distributor, who would sue the manufacturer. This doctrine that makes the immediate seller the only defendant i...

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  • September 2, 2024
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  • BUL 3310
  • BUL 3310
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BUL3310 Main EXAM with 100% Correct
Solutions to Questions
In early product liability cases, a consumer who was injured by a defectively
manufactured product could only sue the retailer who sold her the product. The retailer
would then sue the distributor, who would sue the manufacturer.


This doctrine that makes the immediate seller the only defendant is called
_______________.


Sellers liability
The McNabb rule
Warranty restriction
Privity - Answer Privity


Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant
managers increases the production of the shampoo by cutting back on the standard
quality control checks in the industry. Unfortunately, a significant number of their
bottles of shampoo has too much "scalp chemical" and is causing people to go bald.
Under what legal theory is Vidal most at risk.


Express liability
Strict intentional liability
Fraud
Battery
Strict Tort Product Liability - Answer Strict Tort Product Liability

,Vidal So-SueME makes hair shampoo and sells it through retailers. One of its plant
managers increases the production of the shampoo by cutting back on the standard
quality control checks in the industry. Unfortunately, a
significant number of their bottles of shampoo has too much "scalp chemical" and is
causing people to go bald. Under what legal theory is Vidal most at risk.


Express liability
Strict intentional liability
Negligence
Fraud
Battery - Answer Negligence


Susan owns a pizza delivery franchise. She decides to make changes to her pizza making
process. Her changes decrease the care and quality control of the care of the ingredients
that need to be refrigerated. Several of her customers end up getting food poisoning.
What does she have the greatest risk of being sued for?


Assault
Negligence
Fraud
A cheesy delivery - Answer Negligence


In a product liability case, defendant manufacturer can use as a defense the plaintiff's
failure to discover the defect in the product.


True
False - Answer False

,Pure comparative negligence is the defense in negligence cases that most favors the
plaintiff.


True
False - Answer True


In joint and several liability, a defendant who pays the entire amount of the judgment
may sue the other defendants for their share of the obligation.


True
False - Answer True


In negligence per se cases, the injury that the plaintiff suffers must be the same type of
injury that a statute was intended to prevent.


True
False - Answer True


common carrier would be liable in negligence for injuries to passengers only if it failed
to exercise slight care.


True
False - Answer False


When a business detains a suspected shoplifter it must be careful not to commit the tort
of

, Invasion of privacy
Nuisance
Disparagement
False imprisonment - Answer False imprisonment


In cases involving extensive injuries and a solvent or insured defendant,
attorneys will be paid a percentage of the award if the case is successful. Fees
structured this way are called _________fees.


Participatory
Contingent
Shared
Deferred - Answer Contingent


Al, Bill, Chad and Dan were found jointly and severally liable for 100,000 of property
damages caused when a fraternity initiation event got out of hand. Al, Bill, and Chad do
not have the money to pay for their share of the
damages. The only solvent defendant is Dan. The most that Dan will have to pay the
plaintiff is


50,000
25,000
75,000
100,000 - Answer 100,000


To bring a suit for disparagement, the plaintiff must show specific pecuniary losses
attributable to the falsehood.

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