BLAW 3310 EXAM 2 REVIEW- UTA
TEST QUESTIONS AND ALL
CORRECT ANSWERS 2025-2026
UPDATE.
Intentional Torts - Answer When the wrongdoer intends to impinge upon a protected
interest and knew (or should know) the resulting consequences (injuries)
**
Scienter - Answer "Knowingly;" The defendant knew the information they were giving the
plaintiff was false
If the plaintiff knew the information given them by the defendant was false - Answer Plaintiff
will lose on the fraud claim
Siavage v. Gandy - Answer The case holds that anyone, including a lawyer, can be liable for
fraud if they participate in the fraud
**
Who can sue for fraud - Answer Only the parties that were directly involved in the fraud can
sue for fraud
Types of Misrepresentation - Answer Negligent: The defendant did not intend to deceive but
failed to exercise reasonable care
Intentional: The defendant deliberately provided false information
Intentional Interference with Contractual Relations - Answer When the defendant is
wrongful interference in a contract between the plaintiff and another party by the defendant
Techno Lite, Inc. v. EMCOD, LLC - Answer Employee violating a promise not to compete (a
non-compete agreement)
**
, Express Warranty - Answer When the manufacturer provides performance promises to the
consumer, so they are part of the contract for sale.
**
How does express warranty work with strict liability in product liability - Answer If you make
an express warranty and then the consumer is harmed by it they can sue you for product
liability
In Modern Strict Liability law - Answer Manufacturers and retailers are still liable even if the
product was not purchased directly from them
Baxter v. Ford Motor Company - Answer Advertisements can create an express warranty if
the manufacturer makes specific claims about the product. If the product fails to meet these
claims, the manufacturer may be held liable.
Greenman v. Yuba Power Products - Answer If you make a product and put it into that
stream of commerce, you are always liable for it regardless of who gets it
Parish v. ICON - Answer Manufacturers are not liable for injuries caused by their products if
the injuries result from the user's failure to follow clear warnings or instructions
Shih v. Starbucks Corp. - Answer Companies are not liable for injuries resulting from
unforeseeable uses of their products. Liability only applies when the use of the product is
reasonable and foreseeable by the manufacturer.
Joint and Several Liability - Answer Everyone in the chain of title can be sued for damages
(manufacturer, seller, and retailer can be sued)
Open and Obvious Doctrine - Answer Manufacturers are not liable and no warning is needed
when the danger is obvious
Personal Property is movable - Answer Real property is not
Trespass to Personal Property - Answer The intentional and wrongful interference with
TEST QUESTIONS AND ALL
CORRECT ANSWERS 2025-2026
UPDATE.
Intentional Torts - Answer When the wrongdoer intends to impinge upon a protected
interest and knew (or should know) the resulting consequences (injuries)
**
Scienter - Answer "Knowingly;" The defendant knew the information they were giving the
plaintiff was false
If the plaintiff knew the information given them by the defendant was false - Answer Plaintiff
will lose on the fraud claim
Siavage v. Gandy - Answer The case holds that anyone, including a lawyer, can be liable for
fraud if they participate in the fraud
**
Who can sue for fraud - Answer Only the parties that were directly involved in the fraud can
sue for fraud
Types of Misrepresentation - Answer Negligent: The defendant did not intend to deceive but
failed to exercise reasonable care
Intentional: The defendant deliberately provided false information
Intentional Interference with Contractual Relations - Answer When the defendant is
wrongful interference in a contract between the plaintiff and another party by the defendant
Techno Lite, Inc. v. EMCOD, LLC - Answer Employee violating a promise not to compete (a
non-compete agreement)
**
, Express Warranty - Answer When the manufacturer provides performance promises to the
consumer, so they are part of the contract for sale.
**
How does express warranty work with strict liability in product liability - Answer If you make
an express warranty and then the consumer is harmed by it they can sue you for product
liability
In Modern Strict Liability law - Answer Manufacturers and retailers are still liable even if the
product was not purchased directly from them
Baxter v. Ford Motor Company - Answer Advertisements can create an express warranty if
the manufacturer makes specific claims about the product. If the product fails to meet these
claims, the manufacturer may be held liable.
Greenman v. Yuba Power Products - Answer If you make a product and put it into that
stream of commerce, you are always liable for it regardless of who gets it
Parish v. ICON - Answer Manufacturers are not liable for injuries caused by their products if
the injuries result from the user's failure to follow clear warnings or instructions
Shih v. Starbucks Corp. - Answer Companies are not liable for injuries resulting from
unforeseeable uses of their products. Liability only applies when the use of the product is
reasonable and foreseeable by the manufacturer.
Joint and Several Liability - Answer Everyone in the chain of title can be sued for damages
(manufacturer, seller, and retailer can be sued)
Open and Obvious Doctrine - Answer Manufacturers are not liable and no warning is needed
when the danger is obvious
Personal Property is movable - Answer Real property is not
Trespass to Personal Property - Answer The intentional and wrongful interference with
