Compare the tort doctrines of negligence and misrepresentation

What will be an ideal response?


Negligence requires the defendant to be at fault for causing the plaintiff's injuries. To be successful, the plaintiff must prove that the defendant breached a duty of due care to the plaintiff and thereby caused the plaintiff's injuries. In other words, the plaintiff must prove that the defendant was at fault for causing his or her injuries. Failure to exercise due care includes failing to assemble a product carefully, negligent product design, negligent inspection or testing of a product, negligent packaging, failure to warn of the dangerous propensities of a product, and such. It is important to note that in a negligence lawsuit only a party who was actually negligent is liable to the plaintiff.
A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller for the tort of intentional misrepresentation, or fraud. Recovery is limited to persons who were injured because they relied on the misrepresentation. Intentional misrepresentation occurs when a seller or lessor either 1. affirmatively misrepresents the quality of a product or 2. conceals a defect in it. Because most reputable manufacturers, sellers, and lessors do not intentionally misrepresent the quality of their products, fraud is not often used as the basis for product liability actions.

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Users, managers, and auditors are required to participate in the systems development project. These people generally provide approvals, often called signoffs, at preestablished management control points

Indicate whether the statement is true or false

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How does competition influence market planning and budgeting?

A) Market planning and budgeting must be prepared in light of the competitive level in the market. B) Planning and budgeting is not affected for companies with minor positions in foreign markets competing against entrenched companies in the same market. C) Competitive moves are not important as a variable in international market planning and budgeting. D) The more competitive a target market is, the easier it is to prepare market planning and budgeting.

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A ______ factor that can complicate our communication with members of other cultures is defined as using vague or general words in place of those considered to be too blunt or harsh.

What will be an ideal response?

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The Philippines prohibits ________ advertising

A) contributory B) commercial C) comparative D) conditional

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