Torts and Product Liability

While Clem was driving, he spilled his hot coffee. This caused him to hit another car, which then ran into a utility pole, knocking it down, and causing a power outage in the area. It took the utility company several days to restore electricity to the area. Carlo sued Clem because all the food in his refrigerator spoiled due to the power outage. What will the result be?
A. Clem will not be liable to Carlo because his conduct was not the proximate cause of Carlo’s damages.
B. Clem will not be liable to Carlo because he could not have actually foreseen that it was dangerous to take one’s eyes off the road to find one’s phone.
C. Clem will be liable to Carlo because he should have foreseen that taking his eyes off the road could cause Carlo’s food to spoil.
D. Clem will be liable to Carlo because a person is liable for all consequences of the person’s negligence.

While Jorge was driving, he had a heart attack causing him to hit a pedestrian crossing the street. Which of the following is true?
A. The pedestrian can recover upon a showing of injury. Nothing else is required.
B. The pedestrian may recover only if the pedestrian can show that the pedestrian was in the marked crosswalk.
C. It is unlikely that the pedestrian can recover because the accident could not have been avoided even with reasonable care.
D. The pedestrian can recover only if it can be shown that Jorge had insurance.

Why are punitive damages awarded?
A. To punish the offender and to deter others from committing similar offenses.
B. To punish the offender only.
C. To deter others from committing similar offenses only.
D. To punish the offender, to deter others from committing similar offenses and to reimburse a plaintiff for his or her losses.

Alvin, a crime writer, was investigating a story about a murder. He interviewed police who stated that they thought it was the victims friend. When Alvin reported the story, he stated that the police thought the friend was the prime suspect. In fact, the police just ruled out the friend, but Alvin hadn’t yet been informed of that fact. The next day, the friend was fired.
A. Alvin is not guilty of defamation due to an absolute privilege.
B. Alvin is not guilty of defamation owing to a qualified privilege.
C. Alvin is guilty of libel for telling a lie that caused injury to the friend.
D. Alvin is guilty of slander for telling a lie that caused injury to the friend.

Which of the following situations is not a situation in which strict liability applies?

A. Morgan owns a pet tiger that he keeps in his home in a suburban neighborhood.
B. Morgan owns a business in which he regularly uses dangerous chemicals.
C. Morgan manufactures cheap bikes that fall apart after minimal use.
D. Morgan sells food from a food truck in the business district.

After everyone else had gone home for the day, Ahmed’s manager, Bakir, called Ahmed into his office. Bakir closed the door and told Mark that he is a thief and that he must return the items that he stole from the company. In fact, Mark never stole anything. Mark became extremely upset and sick.
A. Bakir has committed libel.
B. Bakir has not committed a defamation tort.
C. Bakir has committed disparagement.
D. Bakir has committed slander.

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