Problem 1. What is the key question a court needs to answer regarding the conduct of the defendant when assessing whether the conduct was the proximate cause of the injuries in the case.
Problem 2. The elements required to establish a negligence case are 1) legal duty, 2) breach of duty, 3) proximate cause, and 4) actual harm.
Problem 3. Under the UCC, which of the following is NOT one of the implied warranties?
- Warranty of fitness for a particular purpose
- Warranty of merchantability
- Warranty of guaranteed lifetime free replacement
- Warranty derived from a course of dealing or usage of trade
Problem 4. Per our text, South Dakota has adopted which privity alternative under the UCC?
A
B
C
Problem 5. Punitive damages are never recoverable in a strict liability case.