Treece Final Exam Questions:
now to treece’s torts 2 final exam:
>
>it has two parts:
>
>part one consists of 3 essay questions, and part two is about 20
>short-answer questions.
>
>part I (40 pts.);
>
>1 essay (20 pts) on product liability under three legal theories:
>negligence, warranty, and 402 A law of products liability.
>
>1 essay (10 pts) on 5 concrete proposals for a Model Uniform
>Products Liability ACt.
>
>1 essay (10 pts) on defamation including the three acts and NY Times
>malice.
>
>part 2 (60 pts):
>
>1. state of the art evidence;
>
>2. commercial appropriation of name or likeness.
>
>3. the learned intermediary rule;
>
>4. what is the test to constitute the determination of product under
>402 A law?
>
>5. how is Rylands v. Fletcher liability different from liability
>imposed under sections 519/520 of the Restatement Second of Torts?
>
>6. can a dealer of used product be held liable under 402 A law?
>
>7. how do you prove defective product in a design-defect case?
>
>8. under a warranty theory, how does the plaintiff’s contributory
>negligence handle?
>
>9. malicious prosecution under civil proceeding?
>
>10. is strict liability imposed on a failure to warn case based upon
>knowledge acquired after the product enters the stream of commerce
r the stream of commerce?
>
>13.what are the three types of product liability cases in general
>and in texas handle? make a prima facie case for each (list the
>elements of each type). how is this different from a negligence
>analysis?
>
>14. what is the policy of products liability on medical treatment
>and medicine? (look at comment k of the restatement of 402 A law);
>what would be the legal consequence if the doctor fail to warn the
>patient about the treatment or the drug under this scenario?
>
>15. look at the case of Duncan v. Cessna 665 S.W. 2d 414 (Tex. 1984)
>and how section 33.001 et seq. of the Texas Civil Practices and
>Remedies Code change/modify the ruling in Duncan.
>
>16. intrusion upon seclusion?
>
>17. constitutional torts?
>
>18. negligent misrepresentation under common law and modern law.
>
>19. economic loss versus property damage or personal injury in a
>products liability case?
>
>20. abnormal dangerous activy and the policy reasons behind its
>enforcement.
>
>
>in short, study my outline and write your own answers in advance for
>the final exam; memorize your answers and write them out on the
