Products liability — MCQs

Using only the supplied file and legal resources, prepare an objective memorandum assessing Maya Chen's strict products-liability claims against Apex Tools and HomePro Retail. Address defect, causation, foreseeable use, comparative responsibility, potential damages, counterarguments, and the most important evidence to preserve or obtain before suit.

Using only the supplied client file and legal resources, prepare an advisory settlement email assessing TownMart's exposure arising from the detention of customer Priya Shah. Recommend a negotiation position, identify the factual issues that should be verified before the settlement conference, and propose operational steps responsive to the incident.

Using only the supplied client file and legal resources, prepare a negotiation memorandum recommending a settlement position concerning Orchard Foods' nighttime operations. Analyze the trespass claim and defenses, identify the strongest and weakest factual points, propose prioritized nonmonetary and monetary terms, and state what additional information should be obtained before the conference.

During a tense staff meeting, a supervisor became angry with an employee who had criticized a scheduling decision. Standing six feet away, the supervisor raised a ceramic mug and shouted, "Keep talking and this is coming at you." The employee saw the motion, believed the supervisor was about to throw the mug, and ducked behind a chair. The supervisor then threw the mug toward the employee, intending to frighten but not hit the employee. The mug missed the employee and struck a coworker whom the supervisor had not noticed entering the room. The coworker suffered a cut requiring stitches. The coworker retained a lawyer to pursue a claim against the supervisor. Which of the following is the coworker's strongest argument?

A manufacturer sold industrial mixers with locked safety guards covering their rotating blades. The guards prevented operation while open and complied with accepted safety standards. An independent installer bought a mixer and delivered it unchanged to a bakery. Six months later, the bakery's supervisor asked the installer to bypass the lock so employees could add ingredients while the blades rotated. The installer refused, warning that the change would be dangerous. The supervisor then rewired the lock without either company's knowledge. An employee opened the guard while the mixer was operating and suffered a hand injury. An expert confirms that the mixer was safe when sold and that the rewiring alone allowed the accident. The employee asserts strict products-liability claims against the manufacturer and installer. Which conclusion is strongest?

A store's security guard watched a customer place a boxed charger in her tote bag and walk toward the exit without stopping at a register. The guard did not see that the customer had paid for the charger at an electronics counter and had put it in her bag because the store provided no shopping bags. Near the exit, the guard calmly identified himself, explained what he had observed, and asked the customer to accompany him to a nearby office. The guard stood in the doorway and said that the customer could not leave until the purchase was verified. After four minutes, another employee confirmed the purchase, and the guard apologized and released the customer. The customer now proposes a false-imprisonment claim. Which of the following best states the guard's strongest defense?