BUL 3310 Exam with 100% Correct Solutions to
Questions
Which of the following is not an affirmative defense in a negligence suit?
A. Contributory negligence
B. Pure comparative negligence
C. Modified comparative negligence - Answer All choices may be raised as affirmative
defenses depending on the jurisdiction
The majority of private law suits filed in the United States are for ____ claims - Answer
Negligence
Which of the following injuries would justify plaintiff using res ipsa loquitur? - Answer A
medical malpractice claim against a surgeon who left a sponge in a patient
T or F: Early cases of strict liability dealt primarily with liability for dangerous animals or
abnormally dangerous activities - Answer True
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_____. - Answer Privity
Willfull and wanton misconduct or conscious disregard for the safety of others
constitutes ____ negligence - Answer Gross
T or F: A common carrier is an insurer of both the goods and the passengers it
transports - Answer False
,T or F: Manufacturers may be subject to product liability suits based on negligence if
they fail to provide adequate instructions for the use of the product - Answer True
Which of the following statements is true about the use of the reasonable person
standard in negligence cases?
A. The reasonable person is presumed to have a minimum level of knowledge and
common sense
B. The reasonable person of the standard takes on the physical characteristics of the
defendant
C. The standard of care for the reasonable person would be less stringent in emergency
situations - Answer All of the above
The tort of invasion of the right to privacy - Answer Protects individuals from the shame
and humiliation of having private aspects of their lives exposed to the public
T or F: The tort of wrongful appropriate of another's goodwill includes reverse
engineering another's product - Answer False
T or F: To be liable for trespass to land a person must know that the property belongs to
another - Answer False
Assume that Big Drug Company BDC was one of ten drug manufactures who produced
and sold in the Cleveland area a drug that was found to cause cancer in women whose
mothers had taken the drug while pregnant. Plaintiff cannot find out if the pills her
mother took were actually manufactured by BDC, but she does know that BDC
controlled 40% of the market for that drug in the Cleveland area when her mother was
taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able to
collect 40,000 from BDC if her state follows the doctrine of _____. - Answer Market
share liability
,Bereaved has a dispute with Funeral Home over the costs of services for his father.
When he left home the morning of the funeral, he found his father's embalmed body on
his front door step. Bereaved has suffered prolonged sleepless and depression since
then. Bereaved can sue Funeral Home for: - Answer Mental distress
Len, a local photographer, shot a photo of a family at the beach. Without their
knowledge or consent, Len used the photo in all his ads and business cards and featured
it prominently on his web page. Len has committed the tort of - Answer Invasion of
privacy
Compensatory damages would include all of the following except - Answer Exemplary
damages
T or F: A person who uses a logo in an advertisement that is deceptively similar to that
of another business commits the tort of false light - Answer False
The doctrine that creates a rebuttable presumption that a defendant was negligent
based on the nature and circumstances of the injury is - Answer Res ipsa loquitur
T or F: Most courts allow plaintiffs to use strict liability to collect damages for economic
loss in product liability suits - Answer False
Which of the following is not an affirmative defense in a negligence suit?
A. contributory negligence
B. pure comparative negligence
C. modified comparative negligence - Answer All of the above
, To which of the following can the development of negligence law in the nineteenth
century can be traced? - Answer More and more manufacturers creating more types of
products
T or F: A surgeon is held to a higher standard of care in performing an operation than a
general practitioner would be in performing the same operation - Answer True
T or F: the greater the risk in a situation, the higher the duty of care - Answer True
The negligence committed by a professional, such as a doctor or a lawyer, in the
conduct of his profession is ___. - Answer Malpractice
T or F: A landowner traditionally owes the same duty of care to anyone who comes onto
his property - Answer False
In early product liability cases, a consumer who is injured by a defectively manufactured
product could only sue the retailer who sold her the product. The retailer would then
sue the manufacturer. This doctrine that makes the immediate seller the only defendant
is called ____. - Answer Privity
When a business detains a suspected shoplifter it must be careful not to commit the tort
of - Answer False imprisonment
T or F: The tort of wrongful appropriate of another's goodwill includes reverse
engineering of another's product - Answer False
The damages that are awarded to a victim to make the victim "whole" are ___ damages
- Answer Compensatory
Questions
Which of the following is not an affirmative defense in a negligence suit?
A. Contributory negligence
B. Pure comparative negligence
C. Modified comparative negligence - Answer All choices may be raised as affirmative
defenses depending on the jurisdiction
The majority of private law suits filed in the United States are for ____ claims - Answer
Negligence
Which of the following injuries would justify plaintiff using res ipsa loquitur? - Answer A
medical malpractice claim against a surgeon who left a sponge in a patient
T or F: Early cases of strict liability dealt primarily with liability for dangerous animals or
abnormally dangerous activities - Answer True
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_____. - Answer Privity
Willfull and wanton misconduct or conscious disregard for the safety of others
constitutes ____ negligence - Answer Gross
T or F: A common carrier is an insurer of both the goods and the passengers it
transports - Answer False
,T or F: Manufacturers may be subject to product liability suits based on negligence if
they fail to provide adequate instructions for the use of the product - Answer True
Which of the following statements is true about the use of the reasonable person
standard in negligence cases?
A. The reasonable person is presumed to have a minimum level of knowledge and
common sense
B. The reasonable person of the standard takes on the physical characteristics of the
defendant
C. The standard of care for the reasonable person would be less stringent in emergency
situations - Answer All of the above
The tort of invasion of the right to privacy - Answer Protects individuals from the shame
and humiliation of having private aspects of their lives exposed to the public
T or F: The tort of wrongful appropriate of another's goodwill includes reverse
engineering another's product - Answer False
T or F: To be liable for trespass to land a person must know that the property belongs to
another - Answer False
Assume that Big Drug Company BDC was one of ten drug manufactures who produced
and sold in the Cleveland area a drug that was found to cause cancer in women whose
mothers had taken the drug while pregnant. Plaintiff cannot find out if the pills her
mother took were actually manufactured by BDC, but she does know that BDC
controlled 40% of the market for that drug in the Cleveland area when her mother was
taking it. If a jury finds that plaintiff suffered 100,000 in damages, she will be able to
collect 40,000 from BDC if her state follows the doctrine of _____. - Answer Market
share liability
,Bereaved has a dispute with Funeral Home over the costs of services for his father.
When he left home the morning of the funeral, he found his father's embalmed body on
his front door step. Bereaved has suffered prolonged sleepless and depression since
then. Bereaved can sue Funeral Home for: - Answer Mental distress
Len, a local photographer, shot a photo of a family at the beach. Without their
knowledge or consent, Len used the photo in all his ads and business cards and featured
it prominently on his web page. Len has committed the tort of - Answer Invasion of
privacy
Compensatory damages would include all of the following except - Answer Exemplary
damages
T or F: A person who uses a logo in an advertisement that is deceptively similar to that
of another business commits the tort of false light - Answer False
The doctrine that creates a rebuttable presumption that a defendant was negligent
based on the nature and circumstances of the injury is - Answer Res ipsa loquitur
T or F: Most courts allow plaintiffs to use strict liability to collect damages for economic
loss in product liability suits - Answer False
Which of the following is not an affirmative defense in a negligence suit?
A. contributory negligence
B. pure comparative negligence
C. modified comparative negligence - Answer All of the above
, To which of the following can the development of negligence law in the nineteenth
century can be traced? - Answer More and more manufacturers creating more types of
products
T or F: A surgeon is held to a higher standard of care in performing an operation than a
general practitioner would be in performing the same operation - Answer True
T or F: the greater the risk in a situation, the higher the duty of care - Answer True
The negligence committed by a professional, such as a doctor or a lawyer, in the
conduct of his profession is ___. - Answer Malpractice
T or F: A landowner traditionally owes the same duty of care to anyone who comes onto
his property - Answer False
In early product liability cases, a consumer who is injured by a defectively manufactured
product could only sue the retailer who sold her the product. The retailer would then
sue the manufacturer. This doctrine that makes the immediate seller the only defendant
is called ____. - Answer Privity
When a business detains a suspected shoplifter it must be careful not to commit the tort
of - Answer False imprisonment
T or F: The tort of wrongful appropriate of another's goodwill includes reverse
engineering of another's product - Answer False
The damages that are awarded to a victim to make the victim "whole" are ___ damages
- Answer Compensatory
