LEGL Chapter 6 & 7

Tort law provides remedies for acts that cause damage to property.

Through tort law, society compensates those who inflict injuries on others.

The most widely used defense in negligence actions is consent.

The bases of all torts are wrongs and compensation.

The purpose of tort law is to provide remedies for the violation of various protected interests.

A successful defense releases the defendant from liability for a tortious act.

A tortfeasor is one who wrongfully alleges that a tort has been committed.

To commit an intentional tort, a person must have an evil or harmful motive.

False imprisonment occurs when a person restrains another intentionally and without justification.

Defense of others is a defense to an allegation of assault.

Moral pressure constitutes false imprisonment.

Defense of others is a defense to an allegation of battery.

Fraud occurs only when there is justifiable reliance on a true statement.

For fraud to occur, seller's talk must be involved.

A defamatory statement must be communicated to a third party to be actionable.

An individual's privacy is invaded if his or her likeness is used for commercial purposes without permission.

Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.

Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship.

If it can be shown that a trespass to land was warranted, a complete defense exists.

The taking of electronic records and data can form the basis of a conversion claim.

Disparagement of property is a general term for the specific tort of appropriation.

Conversion is limited to theft

Specifically targeting the customers of a competitor is always a legitimate business practice.

Failure to live up to a standard of care may be an act or an omission.

To avoid liability for negligence, a business owner must protect its customers against all risks.

Only persons who are explicitly invited onto a business's premises are considered business invitees.

Some risks are obvious but, with respect to the duty of care required to establish negligence, a warning is always necessary.

Under the theory of negligence, the duty of care requires an intentional act.

If no harm results from an allegedly negligent act, there is no liability.

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury.

Under the doctrine of comparative negligence, only the plaintiff's negligence is taken into consideration.

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

A person assumes all risks associated with any activity in which he or she participates.

Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury a. if Louann intended to push Moly. b. only if Louann did not intend to break Moly's wrist. c. only if Louann had a bad motive for pushing Moly. d. only if Louann intended to break Moly's wrist.

Power Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load, it strikes a storage tank owned by Quality Fuel, Inc. For the cost of repairing the damage to the tank, Quality Fuel is most likely to be awarded a. compensatory damages. b. punitive damages. c. contingency fees. d. general damages.

Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of a. battery. b. conversion. c. invasion of privacy. d. trespass.

After a dinner at Rosario's Italian Café, Susie believes that she was overcharged and shoves Theo, the waiter. Theo sues Susie, alleging that the shove was a battery. Susis is liable a. if Rosario's did not actually overcharge Susis. b. if the shove was offensive. c. if Susis acted out of malice. d. under no circumstances—there was no physical injury.

Jon wants to buy Kim's land, but she refuses to sell. Jon begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Kim to sell. This is a. abuse of process. b. appropriation. c. wrongful interference with a contractual relationship. d. not a tort.

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for a. abuse of process. b. false imprisonment. c. malicious prosecution. d. none of the choices.

Bess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ciera of being a convicted thief. The statement is defamatory if a. a recipient of a handbill repeats it. b. Ciera suffers emotional distress. c. the statement is true. d. the statement is false.

In a tweet to Clyde, a reporter for the site Blast, Ethan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is a. defamation. b. not defamation because it is an opinion. c. not defamation because it was not communicated orally. d. not defamation because it was communicated to only one person.

David trespasses on Expo Corporation's property. Through the use of reasonable force, Expo's security guard detains David until the police arrive. Expo is liable for a. assault. b. battery. c. false imprisonment. d. none of the choices.

Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth's products. Beth does not ask Chelsea's permission. Beth is most likely liable to Chelsea for a. trespass. b. fraudulent misrepresentation. c. defamation. d. appropriation.

Gary accuses Helen, a broker with Investment Services, of fraudulently inducing him to invest in Junkbonds Inc., after the company's stock price declines in value. The reliance that gives rise to liability for fraud requires a. a subjective statement. b. misrepresentation of a fact knowing that it is false. c. puffery. d. seller's talk.

Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is a. fraud even if the statement is the truth. b. fraud if Quint believes that the statement is not true. c. fraud if Quint is stating his opinion, not the facts. d. not fraud.

Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for a. trade libel. b. conversion. c. fraudulent misrepresentation. d. no tort.

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of a. puffery. b. fact. c. illusion. d. opinion.

Kojo, a LifeCare Medical Supplies salesperson, follows Malin, a salesperson for National Medco Products, a LifeCare competitor, as Malin visits medical clinics, doctors' offices, hospitals, and other locations to make sales. Kojo solicits each of Malin's customers. Kojo is most likely liable for a. conversion. b. no tort. c. wrongful interference with a business relationship. d. trade libel.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is a. appropriation. b. conversion. c. wrongful interference with a contractual relationship. d. none of the choices.

Manuel is walking past Tomas's house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas's house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel's defense will probably be a. assisting someone in danger. b. consent. c. self-defense. d. the reasonable person defense.

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he a. does not have Bella's permission to drive on the property. b. drives onto the property for recreational purposes. c. harms the property in a material way. d. harms the property in any way.

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion a. if he damages the bicycle. b. if he does not have a good reason for taking the bicycle. c. if he fails to prevent a theft of the bicycle from his possession. d. under any circumstances.

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed a. defamation. b. no tort. c. slander of quality. d. slander of title.

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed a. appropriation. b. conversion. c. disparagement of property. d. trespass to personal property.

Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for a. appropriation. b. no tort. c. conversion. d. wrongful interference with a business relationship.

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as a. a blameless person. b. a faultless person. c. a careless person. d. a reasonable person.

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of a. all risks. b. foreseeable risks. c. obvious risks. d. no risks.

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the "50 percent rule," Oliver would recover a. $0. b. $250,000. c. $400,000. d. $500,000.

An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper's Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper's committed a. assault. b. battery. c. false imprisonment. d. negligence.

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as a. ordinary persons. b. other engineers. c. other professionals, including doctors, dentists, and lawyers. d. those injured in the collapse of the bridge.

A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is a. a Good Samaritan statute. b. negligence per se. c. res ipsa loquitur. d. the "danger invites rescue" doctrine.

Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks a. attributable to the tournament in any way. b. different from the risks normally associated with the tournament. c. greater than the risks normally associated with the tournament. d. normally associated with the tournament.

Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because a. both parties were emotionally rattled. b. Cal did not apparently intend to cause an accident. c. Duff must have been comparatively negligent. d. Duff was not injured.

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is a. the cause in fact. b. the intervening cause. c. the proximate cause. d. the superseding cause.

Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to a. all those who were injured. b. only those who were uninsured. c. only those whose injuries could have been reasonably foreseen. d. only those whose vehicles were closest to Omar's vehicle.

Elise, an emergency medical technician renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under a. no circumstances. b. the doctrine of res ipsa loquitur. c. the "danger invites rescue" doctrine. d. an applicable Good Samaritan statute.

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery a. even if Ichiro was only slightly at fault. b. only if both parties were equally at fault. c. only if Ichiro was less at fault than Heather. d. only if Ichiro was more at fault than Heather.

Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover a. only if both parties were equally at fault. b. only if Stan was less than 50 percent at fault. c. only if Precision was more than 51 percent at fault. d. nothing.

Under the doctrine of strict liability, if there is no fault, there is no liability.

Under the doctrine of strict liability, liability is imposed only if a person fails to use reasonable care.

One characteristic of an abnormally dangerous activity is that it involves a low risk of serious harm.

The extreme risk of an activity is a defense against imposing strict liability.

People who keep domestic animals are strictly liable for any harm inflicted by the animals.

A manufacturer's duty of care extends to the inspection and testing of products bought to incorporate in the final product.

A product liability claim may be based on the tort theory of fraud.

To avoid product liability, a manufacturer must exercise due care in using the appropriate production process.

To succeed in a product liability suit, an injured plaintiff must show that a product's defect was the proximate cause of the injury.

To be liable for product liability, a seller must normally be engaged in the business of distributing the product that causes harm by its use.

A design defect in a product will support the imposition of liability on a strict product liability basis.

Recovery in a product liability case may be limited when it can be shown that the plaintiff misused the product.

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

Some courts consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

A statute of limitations may restrict the time within which an action in product liability may be brought.

A statute of repose places outer time limits on product liability actions.

Some states limit the application of strict product liability to situations involving personal injuries.

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

The doctrine of strict liability can be applied to sellers of goods, but not distributors.

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.

Under a theory of market-share liability, a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

Generally, the strict liability of manufactures and other sellers does not extend to injured bystanders.

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

When a user is injured as a result of a seller's misrepresentation, the basis of product liability may be the tort of fraud.

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

An inadequate warning will support the imposition of liability on a strict product liability basis.

Marketing puffery has traditionally been recognized in product liability law as a product defect.

To support the imposition of strict product liability, a product must be substantially changed from the time it is sold to the time an injury occurs.

No court engages in a risk-utility analysis to determine whether the risk of harm from a product is outweighed by its utility.

One defense to product liability is to show that there is no basis for the plaintiff's claim.

Government regulations can preempt claims for product liability.

As a defense to product liability, comparative negligence completely absolves a defendant of liability.

Assumption of risk is no defense to a product liability action.

The dangers associated with using sharp knives are so commonly known that manufacturers need not warn users of those dangers.

Sal owns Reclamation & Restoration (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Ted, a spectator. Under the theory of strict liability, Sal must pay for Ted's injury a. only if Ted's injury was not reasonably foreseeable. b. only if Ted's injury was reasonably foreseeable. c. only if the R&R crew was at fault. d. whether or not the R&R crew was at fault.

Roadbuilders, Inc., uses dynamite in its operations. Sky-Hi Fireworx, Inc., stores explosives in its warehouses. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be a. none of the choices. b. Roadbuilders and Sky-Hi. c. Roadbuilders only. d. Sky-Hi only.

Level Grade Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because a. Level Grade is a corporation. b. the activity is inherently negligent. c. the activity is extremely risky. d. the amount of liability can be added to the costs of construction.

Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except a. a lessor of the goods. b. a maker of the goods. c. a seller of the goods. d. a user of the goods.

Sno Sports LLC makes and sells a snowboard to Toby. Sno Sports fails to exercise "due care" to make the board safe, and Toby is injured as a result. Sno Sports is most likely liable for a. any alteration of the skis after Sno Sports sold them. b. misrepresentation. c. negligence. d. nothing.

Global Insulation Company makes and sells fire-retardant building materials. To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public, most courts would engage in a. a risk-utility analysis. b. a consumer-expectations test. c. a critical, statistical analysis. d. a marketing test.

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are a. avoidable by an alternative design. b. foreseeable. c. contrary to the instructions for the use of the product. d. obvious.

Arrow Corporation makes archery supplies. While using an Arrow bow, Balto is injured due to a defect in the bow that causes an arrow to misfire. Chu, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow may be liable to a. Balto and Chu. b. Balto only. c. Chu only. d. no one.

Flo is working on a construction site when she is injured on the job in the collapse of a Girder Company-made beam. At the time, Flo is not wearing any safety gear. In Flo's product liability suit against Girder, the company can most successfully raise the defense of a. preemption. b. inadequate warning. c. comparative negligence. d. product misuse.

Therapy Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a product liability suit against Therapy by a party allegedly injured by one of the devices, the company can most successfully raise the defense of a. preemption. b. assumption of risk. c. comparative negligence. d. knowledgeable user.

Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of a. preemption. b. assumption of risk. c. comparative negligence. d. knowledgeable user.

Brandname Parts, Inc., makes and sells parts for the repair of major appliances. Clarice suffers a loss when a defective Brandname part in her freezer fails to keep the contents fresh. A statute restricts the time within which Clarice may file a product liability suit once she has discovered or should have discovered the damage. This is a statute of a. limitations. b. preemption. c. repose. d. suspension.

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage, which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that a. Soda is in a better position than Talia to bear the cost of her injury. b. Talia is a person, not a business. c. making and selling products are abnormally dangerous activities. d. Soda and Talia are in privity.

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except a. the design of the fans. b. the production process used to make the fans. c. the warnings on the labels of the fans. d. a consumer's unforeseeable misuse of a fan.

Digg Deep Inc. makes and leases a backhoe to Estes. Due to a defect attributable to Digg Deep's negligence, Estes is injured in an accident in which his neighbor Fortis is also hurt. In a product liability suit based on negligence, Digg Deep may be liable to a. Estes only. b. no one. c. Estes and Fortis. d. Fortis only.

Garden Tool Company makes chain saws. Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence. To win, Hadrian must show that a. Garden did not use due care with respect to the trimmer. b. Garden used puffery in its advertising. c. Hadrian was not experienced in the use of trimmers. d. Hadrian was in privity with Garden.

City Slick, Inc. makes cosmetics. City Slick intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Dora buys a City Slick product and suffers an injury. City Slick is most likely liable for a. product misuse. b. fraud. c. privity. d. puffery.

Cookin' Products Company makes heat convection ovens. DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, DeAnn must show that she a. bought the oven from Cookin'. b. did not misuse the oven. c. suffered an injury caused by the defect. d. did not know of the defect.

Sail-Away Corporation makes sailboards, which are bought and distributed by Tropic Company to UV Sports Stores, Inc., which sells them to consumers. Wen is injured while using a Sail-Away board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from a. Sail-Away only. b. Sail-Away, Tropic, or UV Sports. c. UV Sports only. d. none of the choices.

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider a. Erna's intended use for the phone. b. DefDeals' method of accounting. c. ClearCall's quality control efforts. d. an available alternative design.

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's a. popularity among industrial designers and consumers. b. weight and heft. c. aesthetics. d. advantages and disadvantages.

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and a. the omission of a warning renders the pacemaker not reasonably safe. b. there is a reasonable alternative design. c. MedBeat did not use due care in making the pacemaker. d. Nina lacks insurance coverage.

Saki, an air conditioning and heating technician, files a suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock. Temp-Set's best defense is most likely a. assumption of risk. b. knowledgeable user. c. commonly known danger. d. none of the choices.

Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of a. Ian's discovery of an injury caused by the opener. b. Garage Magic's sale of the opener to Home & Yard. c. Garage Magic's design of the opener. d. Home & Yard's sale of the opener to Ian.

Camp Gear, Inc., makes and sells a camp stove to Devin. Camp Gear fails to exercise "due care" to make the stove safe, however, and Devin is injured as a result. Camp Gear is most likely liable for a. assumption of risk. b. commonly known danger. c. negligence. d. product misuse.

Agro, Inc., sells seed to farmers. Bram buys and plants Agro seed on his farm, but no crop grows because the seed is defective. Bram sues Agro for product liability based on negligence. To win, Bram must show that a. Agro sold the seed to Bram. b. Bram knew and appreciated the risk caused by the defect. c. Bram suffered damage caused by the defect. d. the "defect" was a commonly known danger.

Eco Products, Inc., makes espresso machines and sells one to Fresh Roast Café. Gus, a café' employee, is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product, Eco is most likely liable for a. negligence. b. fraud. c. privity. d. puffery.

Ceramics Corporation makes ceramic products for commercial uses, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Dura-mold, Inc., liability may be imposed on Ceramics if the tiles sold to Dura-mold were a. in perfect condition at the time of their sale. b. damaged by their use. c. substantially changed after their sale. d. in a defective condition that was the proximate cause of the damage.

SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except a. a manufacturing defect. b. a design defect. c. an inadequate warning. d. an ineffective marketing plan.

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider a. the assumptions of Wideload. b. the identity of Wideload's owner. c. the intentions of Wideload. d. the expectations of the ordinary consumer.

In making and marketing home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions with its products against a. any misuse. b. only foreseeable misuses. c. no misuse. d. only obvious misuses.

Sea & Sail Corporation makes boats and boating supplies. Theresa files a product liability suit against Sea & Sail, alleging a design defect. In deciding whether to hold the boat maker liable, the court may consider an available alternative design based on the design's a. popularity among industrial designers. b. attractiveness to consumers. c. commonality of use. d. effect on the product.

Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may consider a. consumers' general failure to read the product's warnings. b. the plaintiff's specific failure to read the product warnings. c. the obvious risks of other products. d. the obvious risks of this product.

To make and sell fireplaces, Hearth, Inc., buys igniters, tubing, and other parts from Inflame Parts and installs them without modification. If the parts are defective, strictly liable for any damage caused by the defects a. are neither Hearth nor Inflame. b. are Hearth and Inflame. c. is Inflame only. d. is Hearth only.

The brakes on Ned's Overland truck malfunction, but he continues to drive it. Unable to slow down, he crashes through a guardrail and careens off the road. In Ned's suit against Overland, the truck maker can raise the defense of a. commonly known dangers. b. assumption of risk. c. inadequate warning. d. product misuse.