1. Which best describes assumption of the risk in a negligence case?
• The defendant gave advance warning to the plaintiff that an injury would occur.
• The plaintiff was involved in an abnormally dangerous activity.
• The plaintiff is more at fault than the defendant in causing the accident.
• The plaintiff knowingly and willingly subjected herself to a risky activity.
2. According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.
• assumption of risk
• comparative negligence
• contributive negligence
• strict liability
3. Which of the following is a defect in manufacture?
• Failure to properly package the product
• Failure to include adequate instructions for the product
• Failure to properly test the product
• Failure to properly design the product
4.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?
• Professional malpractice
• Disparagement
• Intentional misrepresentation
• Assault
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?
• Was it foreseeable that the defendant's conduct would lead to the kind of injury that the plaintiff suffered?
• Was it foreseeable that the defendant was the cause of the plaintiff's injuries given the nature of those injuries?
• Was it foreseeable to the plaintiff that the defendant would engage in this conduct?
• Was the injury foreseeable to the plaintiff prior to the injury's occurrence?
6. 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
• Libel
• disparagement
• invasion of privacy
• Slander
7. 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?
• Harry, a chartered accountant who earns $200,000 a year
• All the men recover the same amount of damages, irrespective of their income or profession
• Jerry, a professional football player who earns $2 million a year
• George, a retired professor who gets a pension of $50,000 a year
8. Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.
• static
• one-time
• ongoing
• informal
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 the
• quality control doctrine
• failure to design doctrine
• defective design doctrine
• crashworthiness doctrine
10. Which of the following is a key element of successful Enterprise Risk Management?
• Nondisclosure agreements
• Legal counsel
• Strong investment strategies
• Management commitment