Product Liability and Tort Law Quiz

EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show

• why the feed was poisoned.

• how the feed became poisoned.

• that the feed caused her damage.

• that she followed any instructions given exactly.

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except the

• inspection of components purchased to use in the equipment.

• selection of materials used to make the equipment.

• assembly and testing of the equipment.

• growth of the equipment’s sales.

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of

• trademark dilution.

• counterfeit goods.

• competing products.

• trademarks confusion.

Paving Corporation taps into the computer network of Roadwork Inc., a competitor, and downloads confidential business data without Roadwork’s knowledge or authorization. This is most likely

• copyright infringement.

• patent infringement.

• trademark infringement.

• a theft of trade secrets.

For those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports

• compensation.

• fines, imprisonment, and possibly death imposed on the wrongdoer.

• interference with the wrongdoer in a way not permitted by law.

• criminal prosecution.

Bix backs out of City Parking Garage, colliding with Dill’s car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as a(n)

• blameless person.

• faultless person.

• objective person.

• reasonable person.

Soda Bubbles Corporation makes soft drinks. Toby drinks a Soda beverage, which proves defective and injures him. One justification for holding Soda strictly liable for the harm caused to Toby is that

• Soda is in a better position than Toby to bear the cost of the injury.

• Toby is a consumer, not a corporation.

• making products is an abnormally dangerous activity.

• Soda and Toby are in privity.

Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is

• national.

• limited to Gargantua’s home state.

• limited to Gargantua’s market.

• limited to those who have actual notice of it.

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego’s tort action against Cato for negligence, Cato can most likely assert as a successful defense that

• Diego breached his duty to warn the driver of the impending accident.

• Cato did not intend to cause an accident.

• the risk of a car accident was foreseeable.

• Diego was not injured.

Hilo tells the Internal Revenue Service that Jaylen “cheated on his taxes.” This can lead to Hilo’s liability for defamation if the statement is

• contemptuous.

• an opinion.

• true.

• false.