第四章单元测试
- Some employees working at the grocery store want to play a trick on their co-worker. The pranksters peel a banana and toss the peel on the market floor. A co-worker slipped and fell on the peel. As he fell, his head hit several shelves causing deep wounds. What is the legal consequence here? （ ）
- Battery requires the intention of hurting the person.（ ）
- Assault differs from battery in that it does require the victim’s fear or apprehension, but does not require actual contact. （ ）
- The plaintiff may sue for conversion and recover the full value of the damaged item. （ ）
- Breach of warranty can only be used in limited situations. （ ）
- What type of duty of care does a land owner owe to visitors to his property? （ ）
- Which of the following is true about the duty of care? （ ）
- According to the decision in United States v. Carroll Towing Co.decided in 1947, which of the following element shall not be considered when determining the breach issue? （ ）
- Which of the following elements need not be proven to succeed in a manufacturing defect lawsuit? （ ）
- A breach of warranty can be the basis for a products liability claim （ ）
A:The employees committed battery because they placed the peel in such a place where someone would fall and would be injured. B:The employee should seek worker's compensation and file a lawsuit against his employer for emotional damages. C:The employee should be more aware of his surroundings and the personalities of the people working at the store. D:The pranksters were merely having fun on the job and had no idea that someone would actually fall on the peel.
答案:The employees committed battery because they placed the peel in such a place where someone would fall and would be injured.
A:错 B:对
A:错 B:对
A:对 B:错
A:对 B:错
A:To keep the property free of pests B:To maintain the property's landscaping C:To keep his property safe and to warn of any dangers D:None of the answers are correct
A:A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. B:Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property. C:Breach of duty of care shall be determined by the damages suffered by the plaintiff. D:Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
A:the measures adopted B:the probability of the injury C:the burden of adequate precautions D:the gravity of the injury
A:The defendant was negligent in manufacturing the product B:The defect resulted in harm to the plaintiff C:The defect existed at the time it left the control of the defendant D:The product was defective
A:Any time a buyer is dissatisfied with a purchase B:Only if the seller and buyer sign a formal agreement C:Only if the seller makes explicit guarantees about the product to the buyer D:If it is reasonable to imply from the circumstances of the sale that the purchaser should expect the product to have certain qualities.
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