CH 9 & 10 #7 1 Question 5 out of 5 points Minerva told Prudence that Prudence could park her farm tractor on Minerva's land but only for one month. Two months later, Minerva is annoyed because the farm tractor is still on her land; and Prudence refuses to move it. Which of the following causes of action, if any, would Minerva have against Prudence? Answer Selected Answer: Correct Answer: Trespas s Trespas s Question 2 5 out of 5 points Which of the following is not a part of the measure of compensatory damages? Answer Selected Answer: Correct Answer: Damages to deter others from engaging in similar conduct. Damages to deter others from engaging in similar conduct. Question 3 5 out of 5 points Under which of the following systems may …show more content…
That the modification involved a subsequent remedial measure. involving the issue of whether the federal law requirement that generic drugs must bear the same FDAapproved labels as their brand-name counterparts preempts state law claims for failure to warn? Answer Selected Answer: That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed. That federal law preempted state law claims for failure to warn. Correct Answer: Question 13 0 out of 5 points Sam wants to sue a book publisher based on strict product liability in tort because he became ill after eating food he prepared based on a book containing information regarding herbs that were safe for consumption. Which of the following is the publisher's best defense? Answer Selected Answer: That the injury stemmed from food which is not considered subject to strict liability. Correct Answer: That the information contained in the book was not a good subject to strict liability. Question 14 5 out of 5 points Which of the following is not a rationale of strict product liability? Answer Selected Answer: Correct Answer: Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally. Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally. Question 15 5 out of 5 points Which state court was the first to adopt the doctrine of
Immediately after we are born, we start picking up sounds; the sound of our mother’s voice, the music playing in the elevator on the way to the car, and the happy cheers from a small child seeing their new sibling for the first time. We are always listening–picking up on conversations not meant for our ears, eavesdropping on the gossip of the adult world, and finding the meaning in the portentous silence. From all these auditory stimuli, we piece together the world around us to better understand what is happening to us, around us, and the secret happenings that were not for us to know. Great writers are the ones who listen and say nothing–who take it all in and save their classified information for a day when all the right words flow and form one epic story of the wondrous world we live in.
Compensatory damages, I learned in class, are the out of pocket loss for injury, such as lack of work, medical bills, etc. This is a very set number in civil cases. Stern claimed the plaintiffs’ real property and personal property losses totaled $11 million. Stern also claimed $50,000 of damages for each plaintiff’s psychic impairment, totaling $64 million for 625 plaintiffs. Stern included psychic impairment as the most important element of their compensatory damage claim. Punitive damages, I learned in class, are a punishment for the defendant for pain and suffering inflicted. It is harder to put a set number to punitive damages. To receive punitive damages, Stern had to prove Pittston’s conduct was more than merely careless or negligent—that it was willful, wanton, or reckless—to punish Pittston and deter them from ever again harming the plaintiffs or others. A West Virginia Ad Hoc Commission of inquiry into the Buffalo Creek Flood found Pittston’s conduct to have been reckless. Therefore, Stern was able to use their findings as a reason to include punitive
Having established the purpose of strict liability, it is evident as to why it can be seen as a controversial area in law making and this essay will outline some of the arguments for and against it that are commonly put forward on the effective enforcement of the law and the maintenance of standards.
K. Paraphrase the three potential fates of the excited electron produced when a photon meets a chlorophyll molecule
13. (TCO 3) In 1948, a global forum was created whose purpose it was to reduce trade restrictions on goods, services, ideas, and cultural programs. The results of the efforts of this organization include which? (Select all that apply.)
the main ingredient for a no-FDA approved ingredient. This case would be an intentional tort. Intentional torts are defined as a civil wrong resulting from an intentional act committed by the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false
• Was the employee acting in the course of employment when the tort was committed?
Please state your full name, home address, each address at which you have resided for the past five (5) years, social security number, date of birth, marital status and your employer's name and address.
Explain the concept of strict liability and give two early examples of when this concept was used and applied by the courts.
B ) A theory is an integrated explanation of numerous hypotheses, each supported by a large body of observations and experiments.
Mis Levine, had taken Phenergan under the care of a physician which led to the her being diagnosed with gang green which led to the amputation of her arm. Levine, filed a medical my practice lawsuit against the physician as well as the manufacturer of the drug Wyeth in the State of Vermont, in the state court not the federal court. Under her claim she argued that Wyeth had prior knowledge that the drug Phenergan entered an artery would lead to gang green with the risk of possible amputation. This risk was not properly disclosed on the warning label required under Vermont state law. Wyeth, position regarding this claim was that under the FDA they admit an adequate disclosure and warning labels that the FDA had approved.
S 402.A Special liability of seller of product for physical harm to user or consumer states “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or his property”. For
I don’t think it is ethical for Mrs. Thompson to sue defendants for her injury. Because it’s not a manufacturer mistake rather it’s her own ignorant behavior to put her finger before reading the instruction carefully. No a generally known danger should not be a defense to a product liability. It should be a strict liability as a defense to a product liability lawsuit.
As we could see, it is clear that A1 have failed to fulfill its task to help consmers slim down after consuming them. Also, the manufacturer’s liability may be a legal thought or philosophy that holds makers or sellers accountable or liable for hurt caused by broken things oversubscribed within the market place. Manufacturers may be liable under certain statutes or under the Sale