1. National Tool Corporation (NTC) makes table saws and other tools. The products could be considered unreasonably dangerous if
1) the tools are dangerous beyond the expectation of the ordinary consumer.
2) in making the tools, NTC failed to use a less dangerous but economically feasible alternative.
3) either (1) or (2)
4) none of the above
2. Allister goes to a garage sale and discovers what he believes to be a rare undiscovered Picasso painting. He buys it for $50 from Susan. Later, Susan learns the painting is worth $3 million and sues Allister for damages. What is the likely result?
1) Allister will have to pay Susan damages because of "unjust enrichment."
2) Susan will recover nothing because the sale formed a valid enforceable contract.
3) Susan will recover nothing because the mutual mistake of fact was over a non-material issue.
4) Allister will have to pay Susan because of the rule of "mutual mistake."
3. Jack provides lawn mowing services and hires Sally to mow some of his clients' lawns for him. Which is true regarding this situation from a contractual perspective?
1) Jack has assigned his rights under the contract to Sally.
2) Jack must inform his clients prior to Sally's arrival that Sally will mow the lawn instead of Jack.
3) Sally must be paid the same amount as Jack is getting paid for the lawn or it violates. the Employee Fairness Act.
4) Jack is liable for any damage Sally causes.
4. Tyler offers to buy a laser printer, with a case of paper and an extra cartridge, from Rick for $200. Rick says, "Ok, but no paper and no extra cartridge." Rick
1) accepted the offer.
2) rejected the offer and made a counteroffer.
3) rejected the offer without making a counteroffer.
4) none of the above.
5. St. Cloud Drugs' owner Bill gave a speech to a local doctors group and stated that Holdingford Drugs sells counterfeit prescription drugs. Assuming that's not true, choose the best tort for Holdingford Drugs to claim against St Cloud Drugs.
1) Slander of quality
2) Defamatory mischief
3) Slander of title
4) Malicious behavior
6. You run a store. A customer recently tripped over a display you placed in the aisle to promote a new product. The customer sued you for her injuries caused when she tripped. What statement below best explains the legal situation against you?
1) She would lose under negligence theory if it was reasonably foreseeable that a person could trip on a display placed in an aisle.
2) She would win under a product liability theory if a reasonable person thought the placement of the sign was dangerous beyond the expectations of an ordinary consumer.
3) She would likely lose if she was previously told to never to return to the store again and was thus a trespasser in the store.
4) She would win under a negligence theory if a reasonable person thought that your placement of the display breached a duty of care to provide a safe passageway in your store.
7. Pete attends the funeral of his father, a soldier who died in battle. At the funeral war protesters have gathered and have signs that state: "Your Father Deserved to Die." Pete wants to sue the protestors. What is his best legal argument?
1) Wrongful Interference with A Personal Event
2) Intentional Infliction of Emotional Distress.
3) Appropriation.
4) Defamation
8. Beth agrees to buy a monthly supply of "bath salts" from Carl for her store (the bath salts are a chemical compound that is used as a mood altering drug). The state of Minnesota passes a law outlawing the "bath salts" that are the subject of the contract between Beth and Carl. Beth and Carl's contract is?
1) Not valid for lack of consideration.
2) binding and enforceable.
3) binding on both parties unless either party decides to cancel the contract based on the MN law.
4) void because you cannot form a contract for an illegal item.
9. The doctrine of strict liability is different than negligence because..
1) it gives the defendant a better chance of winning.
2) it is imposed regardless of whether the defendant was at fault.
3) imposed only for intentional wrongful acts.
4) negligence requires a product defect.
10. Yu rents out All Terrain Vehicles for customers to ride on his property along the Mississippi River. Yu makes each renter sign a contract agreeing to pay for the rental and also agreeing to hold Yu harmless for any injuries they suffer while riding the ATV; including "any injuries suffered result of Yu's failure to adequately maintain the ATV." Peter rents an ATV and the as a ATV engine explodes due to poor maintenance by Yu, while Peter is riding under normal conditions at a reasonable speed. Peter is burned and sues Yu. Which best describes the likely result?
1) Peter will likely win a lawsuit because Yu cannot use an exculpatory clause to disclaim his own liability in this manner
2) Yu will win because, Peter is a competent adult and he agreed to the contract not holding Yu liable.
3) Peter will win because in no case is an exculpatory clause enforceable. Yu will win because Peter is likely more than 50% at fault.