solution

Which of the following is correct regarding an intentional tort?

• Intent is established by showing the defendant failed to do what a reasonable person would have done under the same or similar circumstances.

• It is a type of strict liability.

• The plaintiff must show that the harm itself was intended.

• The defendant is liable for all reasonably foreseeable injuries resulting from his intentional act.

Which of the following describes the tort of nuisance?

• It arises when enjoyment of one’s land is impaired because of some tortious interference.

• It occurs when an individual’s name or image is inadvertently used without permission for commercial purposes.

• It involves the defendant’s actual taking of the plaintiff’s (owner’s) land, thereby depriving the owner of the land and its enjoyment.

Which of the following is true regarding the Magnuson-Moss Warranty Act?

• If the seller offers a limited warranty, the limitation need not be conspicuously displayed.

• It does not require the seller to offer an express written warranty.

• It applies to both oral and written warranties.

• It applies to both consumer and non-consumer products.

• It is a form of defamation that is directed against a competitor’s product.

Stephanie, a water sports enthusiast, goes surfing despite warnings of rough weather conditions from the lifeguards on duty. As a result, she is injured because of rough tides. Stephanie is barred from recovering damages from the lifeguards because of her __________.

• mistake

• assumption of the risk

• implied consent

• express consent