Society allows for the mistake defense because a mistake means defendant
A) had permission to commit the tort B) did not engage in the guilty act
C) avoided greater harm to the public D) did not have the guilty mind
Q. #2The test now favored under the Restatement (Third) of Torts: Products Liability to assess a claim
in product liability is the
A) unreasonably dangerous test B) risk-utility test
C) breach of duty of care test D) failure to warn test
Q. #3A defendant assaults a plaintiff the night before going overseas on a military assignment for several
years. Since the defendant left the jurisdiction voluntarily, the plaintiff will
A) lose at trial because of the defense of statute of limitations
B) win at trial because of the tolling of the statute of limitations
C) win at trial because plaintiff did not consent to the assault
D) lose at trial because of the discovery rule
Q. #4A guest takes home the wrong coat, at the end of a party. If sued by the owner of the coat, the
guest will likely avoid liability by claiming the defense of
A) private necessity B) statute of limitations
C) mistake D) consent
Q. #5A child plays in a youth hockey league. To play, the child signs a waiver of liability. During a
game, the child receives a hard check into the boards and gets a broken arm and sues the league for
damages. The league cites to the waiver and says that it is not liable because of
A) mistake of fact B) lack of capacity
C) consent D) public necessity
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