Exam 19: Warranties and Product Liability

Martha had dinner at a gourmet restaurant.For dessert,she had the pecan pie.While eating the pie,Martha bit down on a pecan shell,breaking a tooth.Martha sues the restaurant for her injuries.Which of the following is most likely true?

Which of the following is true about the difference between express and implied warranties?

A wholesale distributor who is named in a product liability suit based on strict liability could avoid liability if:

Article ________ of the Uniform Commercial Code (UCC)establishes certain warranties that apply to the sale of goods.

The doctrine of caveat emptor provides that consumers should receive extensive protections when purchasing goods.

Which of the following is not one of the aspects of the implied warranty of merchantability?

The Magnuson-Moss Warranty Act:

Which of the following is true regarding the concepts of contributory negligence and comparative negligence?

Based on the law of products liability,which of the following is correct?

Which of the following best describes a defect in packaging under products liability?

The implied warranty of fitness for a particular purpose can apply to merchants and nonmerchants.

In order to recover in a negligence case,the plaintiff must be in privity of contract with the defendant.

Garden Solutions has invented a new kind of garden cart for hauling away branches,limbs and other yard and garden waste.This cart is taller than other designs,and thus has a higher capacity.In addition,it folds for compact storage.These features,unfortunately,make this cart harder to handle and less stable than other models.Bob purchased one of these carts and has been using it in his yard for several months.On several occasions,when heavily loaded,the cart has tipped over.In one case it almost fell onto Bob,but he was able to escape.In the owners' manual there are warnings against overloading the cart,and one warning that material placed in the cart should be no higher than the side walls of the cart.There are no warnings on the cart itself.One day Bob has the cart heavily loaded with materials extending approximately a foot above the side walls.While pushing the cart,one of the wheels hits a rock and the cart tips backwards and falls onto Bob.He suffers several injuries,including a puncture wound from one of several protruding bolts on the exterior of the cart.Bob had wondered why the bolts were not installed in the opposite way,with the protruding bolt on the inside of the trailer,or made with a less-menacing design.These bolts were used for the hinges that allowed the cart to fold for storage.Bob has filed a products liability suit against Garden Solutions.Discuss this case,including any defenses that Garden Solutions might raise.

The Magnuson-Moss Warranty Act covers written warranties relating to commercial and consumer products.

Pat is pledging at the Delta Upsilon Delta (DUD)fraternity in order to become a member.As part of the pledging process he must give himself a haircut using an electric hedge trimmer.In doing this,a clump of his hair became wrapped around the blades rather than being cut.This caused the hedge trimmer to slam against his head,injuring him.Pat files a products liability suit against the manufacturer of the hedge trimmer.Which of the following,if true,would allow the hardware store to avoid liability?

The implied warranty of merchantability is implied at the time of contracting if: (1)the seller or lessor has reason to know the particular purpose for which the buyer is purchasing the goods or the lessee is leasing the goods; (2)the seller or lessor makes a statement that the goods will serve this purpose; and (3)the buyer or lessee relies on the seller's or lessor's skill and judgment and purchases or leases the goods.

If a warrantor chooses to make an express warranty,the Magnuson-Moss Warranty Act requires that the warranty be labeled as either ________ or ________.

A used car salesperson's saying "This is the best car available in town" creates an express warranty.

In a product liability case,the tort theory of negligence requires the defendant to be ________ for causing the plaintiff's injuries.

Justin bought a computer from a retailer.His son was injured when the glass on the monitor shatters while he is using it.He sued only the wholesaler under strict liability in tort,not the manufacturer because the manufacturer had gone bankrupt.The jury determined that this was a manufacturing defect that existed when the computer left the factory and caused the son's injury.Which of the following is true?