Question 1

What are product defects? What are the most common defects that will allow plaintiffs to recover for strict liability?

Accepted Answer

Product defects occur when there is some

Question 2

________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.

Accepted Answer

A) Misrepresentation 
B) Negligence 
C) Nuisance 
D) Fraud 
A) Misrepresentation 
B) Negligence 
C) Nuisance 
D) Fraud

Question 3

A defect in manufacture occurs when a manufacturer fails to ________.

Accepted Answer

A) design a product that is safe for users 
B) adequately check the quality of a product 
C) warn customers about the possible dangers of the product 
D) provide proper packaging for the products 
A) design a product that is safe for users 
B) adequately check the quality of a product 
C) warn customers about the possible dangers of the product 
D) provide proper packaging for the products

Question 4

Courts can apply a consumer expectation test to evaluate the adequacy of a product's design.

Accepted Answer

A) True 
 B)False

Question 5

Michael wanted to build a small princess castle for his daughter in the backyard.He decided to turn it into a do-it-yourself project, so he bought the disassembled parts of the castle from Big Ben Forts, Inc.However, after the purchase he found that the manual provided by the company gave vague directions that were hard to understand.He built the castle by following the manual, but after a few days the castle collapsed and injured his daughter who was playing inside.Which of the following actions can Michael take in this situation?

Accepted Answer

A) He can file a negligence lawsuit against the store from which he bought the castle. 
B) He can file a strict liability lawsuit against Big Ben Forts for failure to warn about the possible dangers of the product. 
C) He can file a strict liability lawsuit against Big Ben Forts for failure to provide adequate instructions on assembling the product. 
D) He can sue Big Ben Forts for defects in the packaging of their products. 
A) He can file a negligence lawsuit against the store from which he bought the castle. 
B) He can file a strict liability lawsuit against Big Ben Forts for failure to warn about the possible dangers of the product. 
C) He can file a strict liability lawsuit against Big Ben Forts for failure to provide adequate instructions on assembling the product. 
D) He can sue Big Ben Forts for defects in the packaging of their products.

Question 6

Martin wins a car in a lottery.As he already owns a car, he decides to sell the new one to his friend Ted.While driving the car, Ted gets into a head-on collision with another car.Due to a defective Supplemental Restraint System (SRS)of the vehicle, the airbag does not deploy and Ted is seriously injured.Which of the following statements is true of this situation?

Accepted Answer

A) Martin can be held strictly liable because he sold the car to Ted. 
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them. 
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. 
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident. 
A) Martin can be held strictly liable because he sold the car to Ted. 
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them. 
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. 
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.

Question 7

Bill buys a truck and replaces the regular tires with large tires to turn the vehicle into a monster truck.When he tries to drive the truck, the oversized tires cause the truck to roll over and crash.Bill then files a strict liability lawsuit against the truck manufacturer to recover for his injuries.Which of the following is the best defense for truck manufacturer in this lawsuit?

Accepted Answer

A) government contractor defense 
B) assumption of the risk 
C) generally known danger 
D) supervening event 
A) government contractor defense 
B) assumption of the risk 
C) generally known danger 
D) supervening event

Question 8

In a negligence lawsuit, parties who were not actually negligent are also liable to the plaintiff.

Accepted Answer

A) True 
 B)False

Question 9

A defect in manufacture occurs when the manufacturer fails to warn customers about the dangerous propensities of its products.

Accepted Answer

A) True 
 B)False

Question 10

The doctrine of strict liability applies to sellers and lessors of products who are engaged in the business of selling and leasing products.

Accepted Answer

A) True 
 B)False

Question 11

Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store.A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty.Which of the following remedial actions is Betty entitles to?

Accepted Answer

A) Betty can sue Harvey's department store for negligence. 
B) Betty can sue either Harvey's department store or FlatPlanes, Inc.for strict liability. 
C) Betty can only sue FlatPlanes, Inc.for strict liability as they manufactured the defective lawnmower. 
D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower. 
A) Betty can sue Harvey's department store for negligence. 
B) Betty can sue either Harvey's department store or FlatPlanes, Inc.for strict liability. 
C) Betty can only sue FlatPlanes, Inc.for strict liability as they manufactured the defective lawnmower. 
D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower.

Question 12

To recover for strict liability, the injured party need not show that a product was defective.

Accepted Answer

A) True 
 B)False

Question 13

Companies that manufacture products to government specifications are not liable if such products cause injury because ________.

Accepted Answer

A) the companies have government contractor defense 
B) the use of these products entails generally known dangers 
C) these products are abnormally misused 
D) people assume the risk when using these products 
A) the companies have government contractor defense 
B) the use of these products entails generally known dangers 
C) these products are abnormally misused 
D) people assume the risk when using these products

Question 14

________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown.

Accepted Answer

A) Failure to warn 
B) Defect in manufacture 
C) Failure to provide adequate instructions 
D) Defect in packaging 
A) Failure to warn 
B) Defect in manufacture 
C) Failure to provide adequate instructions 
D) Defect in packaging

Question 15

Inadequate testing of a product can support a product liability lawsuit based on strict liability.

Accepted Answer

A) True 
 B)False

Question 16

Dorothy purchases a chair that was made by Woode Designs, Inc.While making the chair, the legs were not fixed properly to the base.When Dorothy sits on the chair, it breaks and she is injured.In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

Accepted Answer

A) failure to provide adequate instructions 
B) defect in design 
C) failure to warn 
D) defect in manufacture 
A) failure to provide adequate instructions 
B) defect in design 
C) failure to warn 
D) defect in manufacture

Question 17

If the statute of repose for strict liability is five years and an injured party files a suit seven years after the date of purchase of a defective product, the manufacturer or seller of that defective product is relieved of liability.

Accepted Answer

A) True 
 B)False

Question 18

Describe how courts can evaluate the adequacy of a product's design.

Accepted Answer

In evaluating the adequacy of a product'

Question 19

Kicker's, Inc.has produced a new kind of candy bar, but they fail to mention on the packaging that the bar contains gluten and nuts.Consequently, many consumers who eat the bars suffer from severe allergic reactions.Which of the following can the injured customers cite as a defect in a strict liability lawsuit against Kicker's?

Accepted Answer

A) defect in design 
B) defect in packaging 
C) failure to warn 
D) failure to provide adequate instructions 
A) defect in design 
B) defect in packaging 
C) failure to warn 
D) failure to provide adequate instructions

Question 20

Which of the following statements is true about the strict liability doctrine?

Accepted Answer

A) Privity of contract between the injured party and defendant is mandatory. 
B) Injured bystanders cannot recover damages under the strict liability doctrine. 
C) Parties in the chain of distribution are strictly liable only to the customer who buys the product. 
D) Injured bystanders are entitled to the same protection as the consumer or user. 
A) Privity of contract between the injured party and defendant is mandatory. 
B) Injured bystanders cannot recover damages under the strict liability doctrine. 
C) Parties in the chain of distribution are strictly liable only to the customer who buys the product. 
D) Injured bystanders are entitled to the same protection as the consumer or user.

Exam 6: Product and Strict Liability

What are product defects? What are the most common defects that will allow plaintiffs to recover for strict liability?

________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.

A defect in manufacture occurs when a manufacturer fails to ________.

Courts can apply a consumer expectation test to evaluate the adequacy of a product's design.

In a negligence lawsuit, parties who were not actually negligent are also liable to the plaintiff.

A defect in manufacture occurs when the manufacturer fails to warn customers about the dangerous propensities of its products.

The doctrine of strict liability applies to sellers and lessors of products who are engaged in the business of selling and leasing products.

Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store.A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty.Which of the following remedial actions is Betty entitles to?

To recover for strict liability, the injured party need not show that a product was defective.

Companies that manufacture products to government specifications are not liable if such products cause injury because ________.

________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging, causing injury if the dangers are unknown.

Inadequate testing of a product can support a product liability lawsuit based on strict liability.

Dorothy purchases a chair that was made by Woode Designs, Inc.While making the chair, the legs were not fixed properly to the base.When Dorothy sits on the chair, it breaks and she is injured.In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?

If the statute of repose for strict liability is five years and an injured party files a suit seven years after the date of purchase of a defective product, the manufacturer or seller of that defective product is relieved of liability.

Describe how courts can evaluate the adequacy of a product's design.

Which of the following statements is true about the strict liability doctrine?

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Third-Party Rights and Discharge

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Formation of Sales and Lease Contracts

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Remedies for Breach of Sales and Lease Contracts

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