1. Maggie owns a local grocery store. A carton of ice cream fell out of the freezer, busted open and began to melt all over the floor. Maggie picked up the carton to put it in the trash, but forgot to return to clean up the ice cream. Meanwhile, a customer slipped on the melted ice cream and broke his leg. The store
A. can be held liable for negligence, because the store has a duty to warn its customers against foreseeable risks.
B. cannot be held liable for negligence, because the store only has a duty to warn against hidden dangers.
C. cannnot be held liable for negligence, because it owes no duties to its customers.
D. can be held liable for strict liability, because the selling of ice cream is an abnormally dangerous activity.
2. Blow It Up, LLC, is a company that provides excavation services On one of its projects, the company had to use dynamite to destroy an old building. Blow It Up made sure to surround the site with barricades and warning tape, and also posted warnings within a five mile radius of the excavation site. Blow It Up knew that debris from this particular type of dynamite should go no further than one fourth of a mile, but it wanted to take extra precaution. Bobby was riding his bike with friends 10 miles from the excavatioin site when a piece of debris from the explosion of dynamite knocked him off of his bike causing him to go into a coma. Blow It Up:
A. cannot be held strictly liable because the injury occured outside of the five mile radius.
B. can be held negligent for failing to exercise due care.
C. can be held strictly liable for Bobby's injuries even though it exercised due care in using the dynamite.
D. cannot be held strictly liable because it placed barricades and warning tape around the excavation site.
3. Who can bring a products liability lawsuit?
A. Only the person who was using the product at the time it malfunctioned.
B. Only the person who purchased the product.
C. Only the person who purchased the product or the person who was using the product at the time it malfunctioned.
D. Any purchaser user or bystander that is harmed by a product can bring a products liability claim.
4. During the production process, a batch of cell phones are miswired. As a result, sparks come out of the phone when purchasers first turn them on Several people stiffer first degree burns due to the miswiring. This is a
A. manufacturing defect.
B. design defect.
C. inadequate warning defect.
D. packagine defect.
5. John is an aspiring musician. He frequently stops by the small guitar shop in his town to look at guitars and play them. One day John decides to upload some videos of himself singing his original songs and playing guitar on YouTube. John becomes a YouTube sensation over night. The owner of the guitar shop has several pictures of John in his shop. He decides, without John's permission, to put the pictures on billboards with the name of the guitar store and the quote, "John approves" to promote the guitar shop. The owner of the guitar shop is liable for
A. defamation.
B. appropriation.
C. fraudulent misrepresentation.
D. intentional interference with a contractual relationship.