Game 2 Flashcards
Jane has a chimpanzee as a pet. The chimpanzee attacks Sally. Jane may be held liable under:
strict liability
In strict liability cases ______ does not matter
fault
Joe’s vehicle is hit by Amanda’s vehicle. Joe suffers whiplash. While waiting on the tow truck, Candace is texting and runs into Joe severely injuring him.
What defense will Amanda use?
superseding intervening cause
Sam goes to the golf course and is hit by a golf ball. If Sam sues the golf course, what defense will the golf course use?
assumption of risk
John is not wearing his seatbelt. Amanda runs into John’s car and John goes through the windshield. The jury assessed 30 percent fault to John.
What defense is this called?
comparative negligence
Might Mack Company Inc. uses dynamite to blast through rock while making the new interstate.
Might Mack is held liable under what type of legal theory/doctrine.
strict liability
It is believed that Nancy shoplifted. She is detained for 10 hours. Nancy may have a lawsuit for
false imprisonment
Tom borrows a laptop from John and never returns it. John sues Tom for the value of the laptop. This is called
conversion
What type of product defect was the McDonald’s and Lawn Dart cases?
design defect
You cannot use someone’s image, name, likeness for commercial purposes without their permission or consent. What is this called?
right to privacy
How long after their death does their estate have right to privacy (their likeness)
10 years
Ruth carelessly parks her car on a steep hill, leaving the car in neutral. The car rolls down the hill and knocks down an electric line. The sparks from the broken line ignite a grass fire which ignites a warehouse full of dynamite. The warehouse explodes injuring Jim.
What element of negligence is applicable here.
forseeability
Joe runs a red light. What type of negligence is it called when you break a law
negligence per se
You must file a personal injury lawsuit within one year.
What is this called?
statute of limitations
If a defective product is 10 years old, the lawsuit is barred. What is this called
statute of repost
_______________ are lies which are written and there is a publication
liable (liable is written; slander is spoken)
At Nabisco, an employee accidently uses a batch of old eggs. What type of product defect is this
manufacturing defect
What is tort reform
cap on personal injury cases
What is jury told about tort reform?
nothing
If Manufacturer A sold 20% of the RX on the market, then Manufacturer A is responsible for paying 20% of the Plaintiff’s damages.
What is this called?
Marketshare liability
___________ is a source identifier.
It is a name, symbol etc that identifies the product’s source or company.
trademark
How long does trademark protection last
forever (until generic)
Gladwrap and Coppertone – what type of trademarks are those?
suggestive
Holiday Inn and Vision Center -what type of trademarks are those?
descriptive
