Unit 3: Sales & Torts

Answer: D — The correct answer is D) Intentional tort because Emily knowingly sold a defective product, which demonstrates an intentional act. The customer will likely claim that Emily committed an intentional tort, such as fraud or deceit, by selling a defective product with knowledge of its defect. A) Breach of contract is incorrect because it would require a contractual relationship between Emily and the customer, and the question does not provide information about a contract. B) Negligent misrepresentation is incorrect because it requires a showing of negligence, rather than an intentional act. C) Strict liability is incorrect because it typically applies to manufacturers or sellers of defective products, rather than individual salespeople like Emily.

Answer: D — The correct answer is D) Intentional misrepresentation, as Maria intentionally made false statements to induce the customer into buying the product. This is a tort claim that involves a intentional false statement that causes harm to another. A) Negligence is incorrect because it involves a lack of care or diligence, rather than an intentional act. B) Strict liability is incorrect because it typically applies to product liability cases, rather than intentional torts. C) Breach of contract is incorrect because it is a contract claim, rather than a tort claim.

Answer: A — The customer will most likely claim intentional misrepresentation because Maria made a false statement on purpose to induce the customer to buy the product. Intentional misrepresentation, also known as fraud, occurs when a person makes a false statement with the intent to deceive another person. In this case, Maria's actions meet the elements of intentional misrepresentation. Options B, C, and D are incorrect because negligent misrepresentation requires a lack of reasonable care, strict liability is a concept typically applied to product liability cases, and breach of contract requires a valid contract between the parties.

Answer: B — The correct answer is B) Strict liability, because the manufacturer produced a defective product that caused harm to the consumers. This is the most likely claim, as strict liability holds manufacturers liable for defects in their products, regardless of whether they were negligent or not. Option A is incorrect, because breach of contract requires a contractual relationship between the parties, which is not present in this scenario. Option C is incorrect, because negligence requires a duty of care and a breach of that duty, which is not the primary issue in this scenario. Option D is incorrect, because fraud requires an intentional misrepresentation, which is not present in this scenario.

Answer: A — The correct answer is A) Strict liability for a defective product. This is because the manufacturer is liable for any harm caused by a defective product, regardless of whether they were negligent or not. The other options are incorrect because negligence (B) requires proof of a duty of care breached, breach of contract (C) requires a contractual agreement between the parties, and intentional tort (D) requires proof of intentional or reckless behavior. In this scenario, strict liability is the most applicable basis for a claim against TechCell due to the design defect in the product.