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1 How does product disparagement differ from defamation of a nonpublic figure? Malicious intent is required for the defamation case, but not in the disparagement case Publication to a third party is required in the defamation case, but not in the disparagement case Publication to a third party is required in the disparagement case, but not in the defamation case Malicious intent is required for a disparagement case, but is not required in the defamation case 2 Which of the following is a key element of successful Enterprise Risk Management? Nondisclosure agreements Strong investment strategies Legal counsel Management commitment
3 Diane bought an action figure for her son David from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages? Fraud Negligence Nuisance Misrepresentation 4 Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation? Mary can file a negligence lawsuit against the dealership that sold John his car. Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car. John can file a negligence lawsuit against the dealership from which he bought the car. Mary can file a strict liability lawsuit against John.