12 May WAS THE INJURY FORESEEABLE TO THE PLAINTIFF PRIOR TO THE INJURYS OCCURRENCE?
Was the injury foreseeable to the plaintiff prior to the injurys occurrence?o Was it foreseeable that the defendants conduct would lead to the kind of injury that the plaintiff suffered?o Was it foreseeable to the plaintiff that the defendant would engage in this conduct?o Was it foreseeable that the defendant was the cause of the plaintiffs injuries given the nature of those injuries? Barties, 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 Barties, Inc. committed? o Intentional misrepresentationo Assaulto Professional malpracticeo Disparagement 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?o All the men recover the same amount of damages, irrespective of their income or professiono Jerry, a professional football player who earns $2 million a yearo George, a retired professor who gets a pension of $50,000 a yearo Harry, a chartered accountant who earns $200,000 a year How does product disparagement differ from defamation of a nonpublic figure?o Publication to a third party is required in the defamation case, but not in the disparagement caseo Publication to a third party is required in the disparagement case, but not in the defamation caseo Malicious intent is required for the defamation case, but not in the disparagement caseo Malicious intent is required for a disparagement case, but is not required in the defamation case John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages foro batteryo assaulto disparagemento libel A plaintiff wants to sue a defendant under the tort theory of negligence for his injuries, but the plaintiff knows he was partially at fault for his own injuries. Which of the following is true?o The plaintiff will have to elect whether to sue under comparative or contributory negligence.o A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries o Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence.o If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence. Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n) _________ process.o ongoingo one-timeo informalo static In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect thato made the product unreasonably dangerouso affected the value of the producto the defendant was aware ofo was caused by the defendant Which best describes assumption of the risk in a negligence case?o The plaintiff was involved in an abnormally dangerous activity.o The defendant gave advance warning to the plaintiff that an injury would occur.o The plaintiff is more at fault than the defendant in causing the accident.o The plaintiff knowingly and willingly subjected herself to a risky activity. 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 foro libelo disparagemento invasion of privacyo slander Which of the following is a defect in manufacture?o Failure to properly design the producto Failure to properly package the producto Failure to include adequate instructions for the producto Failure to properly test the productWhich of the following powers do administrative agencies typically have?o Statute interpretation, law enforcement, and mediationo Law enforcement, statute interpretation, and dispute resolutiono Rulemaking, statute interpretation, and dispute adjudicationo Dispute adjudication, mediation, and rulemaking The Sarbanes-Oxley Act prohibits publicly traded companies from making personal loans to whom?o Its majority shareholderso Its certified public accountantso Its executive officers or directorso Its legal counselIn 1970, Congress established an administrative agency to enforce statutes enacted to protect the air and water of this country. What is the name of this agency?o Army Corps of Engineers Agencyo National Ambient Air Quality Standards Agencyo Air Quality Control Agencyo Environmental Protection Agency If a corporate officer or director acts in a manner to make use of an advantage that he or she knows will only benefit himself or herself and deprives the corporation of that advantage, what breach of fiduciary duty has been committed?o Duty of obedience by competing with the corporationo Duty of care by violation of the business judgment ruleo Duty of loyalty by self-dealingo Duty of loyalty by usurping a corporate opportunity The Sarbanes-Oxley Act is intended to increase the confidence of the public and investors through increasing which of the following?o Separation of powerso Director complacencyo Corporate veilo Corporate governance Which of the following is likely to be a breach of a corporate officers or directors duty of care?o Failing to predict the startup of a new competitoro Failing to react appropriately to a severe rise in the prime interest rateo Failing to anticipate a drop in the consumer demand of the companys producto Failing to predict a raw materials shortage resulting from a natural disaster In order to prevent and clear hazardous wastes that increase mortality or serious illness, the federal government established a specific method to finance the cleaning of polluted areas by enacting what statute?o The Superfree Acto The Insecticide, Fungicide, and Rodenticide Acto The Toxic Substances and Control Acto The Comprehensive Environmental Response, Compensation, and Liability Act Under what system of corporate voting by shareholders can a minority shareholder achieve success in electing someone to the board of directors?o Cumulative votingo Proxy votingo Straight votingo Absentee voting Which of the following is true of the Federal Trade Commission?o
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