| March 5, 2016

1. Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake

2. Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n)___________ process.

3. Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

4.Which of the following statements below best describes the concept of Enterprise Risk Management?

5. Which of the following is the best statement of the test applied in determining if a defendant’s actions were the proximate cause of the plaintiff’s injuries?

6. Bartie’s Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal. Which of the following torts has Bartie’s Inc. committed?

7. A plaintiff wants to sue a defendant under a 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?

8. 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?

9. 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

10. Which of the following is a defect in manufacture?

11. Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for

12. George, Jerry and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during takeoff. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?

13. In order to recover in a products liability case based on strict liability the plaintiff must prove that the product had the defect that

14. Which of the following is a key element of successful Enterprise Risk Management?

15. Assuming that statutory requirements have been met, what is protected under merchant protection statuses?

16. 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

17. Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for

18. According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.

19. How does disparagement differ from a defamation of a nonpublic figure?

20. Which best describes assumption of the risk in a negligence case?

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