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Question 5 Causation in fact, or actual cause, exists if an injury would not have occurred without the defendant's act A. True B.

Question 5

Causation in fact, or actual cause, exists if an injury would not have occurred without the defendant's act

A. True

B. False

Question 8

Katy and Jake's child suffers from lead poisoning after inhaling old dust from chips of lead paint in their apartment. Katy and Jake may

A. Sue the lead paint manufacturers with the deepest pockets under the doctrine of market share liability

B. Sue any lead paint manufacturer that they can show contributed to the lead paint under the doctrine of contributory negligence

C. Sue all lead paint manufacturers who manufactured paint from the date the house was built until lead paint was discontinued under the doctrine of market share liability

D. Sue only the lead paint company that they can prove manufactured the paint which injured their child

Question 10

Paul is driving down Division Street when he slams on the brakes to stop for a red light he noticed just too late. His short stop spools a cyclist who is pedaling through the intersection causing her to swerve. Another car swerves to avoid hitting her and runs off the road into a light pole, knocking it over, and the pole falls into a parking lot, where John is waiting in an idling car. John quickly backs up to avoid having the light land on his car and backs into Carol, a pedestrian. Carol sues Paul for negligence. Carol will

A. Lose, cause Paul was not the proximate cause of the accident

B. Win, cause Paul was the ultimate cause of her injury.

C. Lose, cause Paul was driving like a reasonably prudent person

D. Win, cause Paul breached his duty of care

Question 11

Garet, a produce distributor, follows Linda, his competitor, into a store and eavesdrops on Linda's negotiation with the store manager. After Linda and the manager strike a deal, Garet approaches the manger and undercuts Linda's deal. Garet is most likely liable for

A. Breach of contract

B. Product disparagement

C. Conversion

D. Tortious interference

Question 12

Holly orders a bottle of Miller Lite at a tavern, and the bottle unexpectedly explodes in her hand severing her jugular vein. Sadly, Holly dies. Her husband, Dale, sues MillerCoors, the beer distributor, and the tavern for strict product liability alleging that there was a manufacturing defect in the bottle. Dale will likey

A. Lose, cause Dale cannot establish how the bottle was defective or which defendant introduced the defect

B. Lose, cause Holly likely caused the defect herself, after ordering the beer

C. Win, cause the doctrine of res ipsa loquitur dictates that the bottle would not have exploded unless it contained a defect introduced by the defendants

D. Win, cause the defendants violated their general duty of reasonable care by selling a defective bottle

Question 13

Richard is walking along a sidewalk in Manhattan while taking on cell phone. As he passes the Empire State Building he is struck in the head by a falling wrench. He sues the owners off the building. He will likely

A. Win, under the doctrine of res ipsa loquitur

B. Win, cause landowners are responsible for all injuries on their property

C. Lose, under the doctrine of contributory negligence

D. Lose, cause Richard cannot establish what the breach of duty was

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