BLAW 3310 Exam 2 Questions With
Correct Answers Already Passed
A+GRADED
INTENTIONAL MISREPRESENTATION - correct answer...✔✔false representation has
been made knowingly or without belief in its truth, recklessly, carelessly whether it be
true or false
INTERFERENCE WITH PROSPECTIVE ADVANTAGE - correct answer...✔✔a tort
where there is an intentional and unjustified intervention with a relationship that a party
had been developing with others in an effort to obtain new business or more business
PRODUCT LIABILITY - correct answer...✔✔the producer is responsible for any injury
that the business' products may cause.
PROBLEM WITH PRODUCT LIABILITY - correct answer...✔✔often, the person who
bought product didn't buy from manufacturer (ex. cars at dealership - MacPherson v.
Buick Motor)
CASE: MACPHERSON V. BUICK MOTOR - correct answer...✔✔case that deals with
product liability that said consumer can sue the maker of a product directly - wooden
spokes with crack - Buick was charged with NEGLIGENCE because, even though they
didn't make the wheel, they could have inspected it.
STRICT LIABILITY DOCTRINE - correct answer...✔✔was the product sold in a
defective condition? Anyone who handled a product in the chain of distribution is liable
CASE: BAXTER V. FORD MOTOR - correct answer...✔✔Ford said windshield would
never break. it did, and put Baxter's eye out.
STRICT LIABILITY BASED ON EXPRESS WARRANTY (BAXTER V. FORD MOTOR) -
correct answer...✔✔when a product specifically doesn't live up to its warranty, anyone
who handled the product is liable (Baxter v. Ford Motor: Ford has express warranty that
says windshield will never break... it does and puts Baxter's eye out. Baxter successfully
sues.)
CASE: GREENMAN V. YUBA POWER - correct answer...✔✔1st case to deals with
strict liability of manufacturer of a product. Greenman's wife bought him a saw. Saw was
defective (wiggled, vibration onto board) - threw board at his head.
AGRADESOLUTIONS
, CATEGORIES OF PRODUCT DEFECT - correct answer...✔✔a product: contains a
manufacturing defect; is defective by design; defective because of inadequate
instructions/warnings. (180-185)
STATUTORY LIMITS ON LIABILITY: GOVERNMENTS HAVE LAWS THAT TRY TO
LIMIT LIABILITY - correct answer...✔✔(1)Worker compensation statutes usually make
that program the exclusive remedy for injured workers, unless an intentional tort was
involved.
(2)Federal regulations that prescribe maximum allowable radiation exposure levels set
the standard of care upon which liability is based.
(3)As government contractors, manufacturers of products made to government
specifications are generally immune from product liability.
(4)Products that must follow federal regulations regarding label requirements, including
warnings of possible injuries, may not be subject to common-law failure-to-warn actions.
Such defenses are limited.
(5)State laws may specify limits on liability, such as Colorado's statutory limits on the
liability of ski resorts for injuries suffered by skiers.
(187)
ULTRA HAZARDOUS ACTIVITIES - correct answer...✔✔an activity so abnormally
dangerous that the actor is the guarantor of the safety (chemicals, explosives, nuclear).
If anything bad goes wrong, YOU are liable!
DEED - correct answer...✔✔used for conveying an interest in land; a document that
transfers title of real property from one party to another
TYPES OF DEEDS - correct answer...✔✔quit claim deed, warranty/general warranty
deed, special warranty deed
GENERAL WARRANTY DEED - correct answer...✔✔best type of deed. grantor or
seller warrants that property is free of any liens and encumbrances unless revealed in
title.
SPECIAL WARRANTY DEED - correct answer...✔✔any liens and claims on property
have been satisfied EX: so as not to obtain mortgage on house; not as protective as
general warranty deed
QUITCLAIM DEED - correct answer...✔✔not a good deed. Person who gives you this
kind of deed says they give you all THEIR interests in the and: might not provide any
assurance to good title of the property!
REAL PROPERTY - correct answer...✔✔refers to land; things under the land (oil,
minerals); and things solidly attached to the land (buildings and trees)
AGRADESOLUTIONS
Correct Answers Already Passed
A+GRADED
INTENTIONAL MISREPRESENTATION - correct answer...✔✔false representation has
been made knowingly or without belief in its truth, recklessly, carelessly whether it be
true or false
INTERFERENCE WITH PROSPECTIVE ADVANTAGE - correct answer...✔✔a tort
where there is an intentional and unjustified intervention with a relationship that a party
had been developing with others in an effort to obtain new business or more business
PRODUCT LIABILITY - correct answer...✔✔the producer is responsible for any injury
that the business' products may cause.
PROBLEM WITH PRODUCT LIABILITY - correct answer...✔✔often, the person who
bought product didn't buy from manufacturer (ex. cars at dealership - MacPherson v.
Buick Motor)
CASE: MACPHERSON V. BUICK MOTOR - correct answer...✔✔case that deals with
product liability that said consumer can sue the maker of a product directly - wooden
spokes with crack - Buick was charged with NEGLIGENCE because, even though they
didn't make the wheel, they could have inspected it.
STRICT LIABILITY DOCTRINE - correct answer...✔✔was the product sold in a
defective condition? Anyone who handled a product in the chain of distribution is liable
CASE: BAXTER V. FORD MOTOR - correct answer...✔✔Ford said windshield would
never break. it did, and put Baxter's eye out.
STRICT LIABILITY BASED ON EXPRESS WARRANTY (BAXTER V. FORD MOTOR) -
correct answer...✔✔when a product specifically doesn't live up to its warranty, anyone
who handled the product is liable (Baxter v. Ford Motor: Ford has express warranty that
says windshield will never break... it does and puts Baxter's eye out. Baxter successfully
sues.)
CASE: GREENMAN V. YUBA POWER - correct answer...✔✔1st case to deals with
strict liability of manufacturer of a product. Greenman's wife bought him a saw. Saw was
defective (wiggled, vibration onto board) - threw board at his head.
AGRADESOLUTIONS
, CATEGORIES OF PRODUCT DEFECT - correct answer...✔✔a product: contains a
manufacturing defect; is defective by design; defective because of inadequate
instructions/warnings. (180-185)
STATUTORY LIMITS ON LIABILITY: GOVERNMENTS HAVE LAWS THAT TRY TO
LIMIT LIABILITY - correct answer...✔✔(1)Worker compensation statutes usually make
that program the exclusive remedy for injured workers, unless an intentional tort was
involved.
(2)Federal regulations that prescribe maximum allowable radiation exposure levels set
the standard of care upon which liability is based.
(3)As government contractors, manufacturers of products made to government
specifications are generally immune from product liability.
(4)Products that must follow federal regulations regarding label requirements, including
warnings of possible injuries, may not be subject to common-law failure-to-warn actions.
Such defenses are limited.
(5)State laws may specify limits on liability, such as Colorado's statutory limits on the
liability of ski resorts for injuries suffered by skiers.
(187)
ULTRA HAZARDOUS ACTIVITIES - correct answer...✔✔an activity so abnormally
dangerous that the actor is the guarantor of the safety (chemicals, explosives, nuclear).
If anything bad goes wrong, YOU are liable!
DEED - correct answer...✔✔used for conveying an interest in land; a document that
transfers title of real property from one party to another
TYPES OF DEEDS - correct answer...✔✔quit claim deed, warranty/general warranty
deed, special warranty deed
GENERAL WARRANTY DEED - correct answer...✔✔best type of deed. grantor or
seller warrants that property is free of any liens and encumbrances unless revealed in
title.
SPECIAL WARRANTY DEED - correct answer...✔✔any liens and claims on property
have been satisfied EX: so as not to obtain mortgage on house; not as protective as
general warranty deed
QUITCLAIM DEED - correct answer...✔✔not a good deed. Person who gives you this
kind of deed says they give you all THEIR interests in the and: might not provide any
assurance to good title of the property!
REAL PROPERTY - correct answer...✔✔refers to land; things under the land (oil,
minerals); and things solidly attached to the land (buildings and trees)
AGRADESOLUTIONS
