Question

37) "But for causation refers to which of the following? A) Proximate cause. B) Constructive cause. C) Actual cause. D) Legal cause. E) Significant cause. 38) Louisa decides to go on a zip line adventure. She signs a contract before she begins to go on the zip line, which says that she assumes the risks of accident or injury. While walking up the steps to grab the zip line, Louisa falls down due to a broken handrail on the stairs. Could the property owner be held responsible? A) No, because of Louisa's express assumption of the risk. B) No, because Louisa fell on her own. C) No, because of Louisa's implied assumption of the risk D) Yes, because a fall due to a faulty handrail was not the type of risk Louisa had assumed in the contract. E) Yes, because she had not yet started zip lining but after she actually grabbed the line, the company would no longer be held responsible. 39) A certain toy designed and manufactured by a toy manufacturer is found to have a design that is defective and dangerous. These toys have which of the following types of defect? A) Exclusionary. B) Manufacturing C) Dangerous D) Design E) Purposeful. 40) Which statement is true regarding punitive damages in product liability cases? A) The amount of the punitive-damage award is determined by the maliciousness of the action only. B) The amount of the punitive-damage award is determined by the wealth of the defendant only. C) Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole. D) The amount of the punitive-damage award is determined by the wealth of the defendant and the maliciousness of the action. E) Punitive damages are not available in product liability actions. Which theory might allow a plaintiff to recover when a plaintiff cannot trace an injury caused by a defective product to any particular manufacturer? A) The marginal theory. B) The shared production theory. C) The unknown maker theory. D) The market share theory. E) The reciprocal theory. 42) Kelly is sure that Juan has stolen her basketball tickets from her office since he was talking about how badly he wanted to go to the championship game earlier in the week. Kelly confronts Juan and he denies that he has been anywhere near Kelly's office. Kelly pushes Juan into the closet and locks the door, leaving Juan for hours. Kelly has committed what tort? A) Reasonable detention. B) False imprisonment. C) Justified imprisonment. D) No tort was committed. Kelly had the right to detain Juan E) Qualified imprisonment.

Answer 1

37) Ans' A Proximate Cause Note: there are two types of Consation in the law Cause in fact I Proximate Cause (legal Cous), 38) Ara! El Yes, because she had not Yet started zip lining but aftes she actully grabbed the live, the Company would no longes be held Responsible 39) Ars! D Design Note :-) Design defect refers to the Flow in the dealing designing of a Product 040) Ans! D) The Amount of punitive damager award is determined by the wealth of the defendant and the Malicioushess of the action

JAN- A The Marginal theory 42 Ans! B false Imprisonment [note! as Kelly is locking Juan to a room without his Consent or without any legal Roof or to legal right.