Question 1

All parties in the chain of distribution of a defective product are not strictly liable for injuries caused by the product.

Accepted Answer

A) True 
 B)False

Question 2

A statute of repose sets a limited time after an injury occurs in which a product liability suit can be brought.

Accepted Answer

A) True 
 B)False

Question 3

Comparative negligence is more widely recognized as a defense in product liability actions than contributory negligence.

Accepted Answer

A) True 
 B)False

Question 4

Strict liability for products liability requires that the plaintiff show there was a defect in the product causing the injury.

Accepted Answer

A) True 
 B)False

Question 5

Pat is pledging at the Delta Upsilon Delta (DUD)fraternity in order to become a member.As part of his initiation,he must eat a piece of cheese that is on a mousetrap that has been set to trap a mouse.He tries,but the trap slams shut on his nose,injuring him.Pat files a products liability suit against the hardware store which sold the mousetrap to the fraternity members.Which of the following,if true,would allow the hardware store to avoid liability?

Accepted Answer

A)  The store exercised reasonable care in selling the mousetrap. 
B)  It was an unforeseeable misuse for anyone to use a mousetrap in this way. 
C)  Any defect in the mousetrap was caused by the manufacturer,not the hardware store. 
D)  Pat was not the purchaser from the hardware store. 
A)  The store exercised reasonable care in selling the mousetrap. 
B)  It was an unforeseeable misuse for anyone to use a mousetrap in this way. 
C)  Any defect in the mousetrap was caused by the manufacturer,not the hardware store. 
D)  Pat was not the purchaser from the hardware store.

Question 6

Which of the following is correct with regard to the crashworthiness doctrine?

Accepted Answer

A)  Car manufacturers should make cars with a minimal chance of being involved in an accident. 
B)  Car manufacturers should make cars that are designed so that the risk of injury arising from striking the interior of the car in an accident is minimized. 
C)  Car dealers should train car buyers in order to minimize their chances of being involved in an accident. 
D)  Car manufacturers should design cars to minimize their repair costs in the event of an accident. 
A)  Car manufacturers should make cars with a minimal chance of being involved in an accident. 
B)  Car manufacturers should make cars that are designed so that the risk of injury arising from striking the interior of the car in an accident is minimized. 
C)  Car dealers should train car buyers in order to minimize their chances of being involved in an accident. 
D)  Car manufacturers should design cars to minimize their repair costs in the event of an accident.

Question 7

The original seller of the product is liable for an injury caused by a modification of the product even if the modification occurred after it left the seller's possession.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following would be a supervening event from the standpoint of a car manufacturer that has been sued in strict liability for an injury caused by one of its cars?

Accepted Answer

A)  A redesign of the particular model car such that the ones being currently manufactured do not have the defect which led to the injury. 
B)  A recall notice sent to the car owner which was ignored. 
C)  An enactment,after the date of the injury,of a new safety regulation that would have prevented the injury. 
D)  The fact that the defect was caused by the car dealer when the car dealer was installing accessories for the purchaser. 
A)  A redesign of the particular model car such that the ones being currently manufactured do not have the defect which led to the injury. 
B)  A recall notice sent to the car owner which was ignored. 
C)  An enactment,after the date of the injury,of a new safety regulation that would have prevented the injury. 
D)  The fact that the defect was caused by the car dealer when the car dealer was installing accessories for the purchaser.

Question 9

Strict liability would not apply to the sale of blood required for a blood transfusion.

Accepted Answer

A) True 
 B)False

Question 10

Power Tool Company manufactures table saws.These saws have several safety devices including a permanent blade guard.This guard keeps the user's hands from touching the blade while it is moving.Ralph buys a Power table saw,but he takes off the blade guard because it inhibits the type of work he wants to do.Later,Ralph is injured while using the saw.If the blade guard had been left on,Ralph would not have been injured.Ralph sues Power Tool Co.under a strict liability theory.The best defense that Power could raise based on these facts is:

Accepted Answer

A)  supervening event 
B)  assumption of risk 
C)  generally known dangers 
D)  state of the art 
E)  misuse of the product 
A)  supervening event 
B)  assumption of risk 
C)  generally known dangers 
D)  state of the art 
E)  misuse of the product

Question 11

In evaluating the adequacy of a product's design,the courts apply a risk-utility analysis.

Accepted Answer

A) True 
 B)False

Question 12

The maker of a product is required to warn about all dangers associated with using the product including dangers that are generally known.

Accepted Answer

A) True 
 B)False

Question 13

The doctrine of strict liability applies to sellers and lessors of products.

Accepted Answer

A) True 
 B)False

Question 14

In the case where General Motors was found liable for defective design of the fuel tank in a Chevrolet Malibu from the late 1970s,General Motors was not allowed to introduce evidence at the trial about the car's safety history or that the driver was intoxicated when the accident occurred.Should this evidence have been able to be introduced?

Accepted Answer

Because there will probably be some acci

Question 15

Damages recoverable in a strict liability action are uniform throughout the United States.

Accepted Answer

A) True 
 B)False

Question 16

The failure of a manufacturer to properly test a product can be a defect in manufacture.

Accepted Answer

A) True 
 B)False

Question 17

A proper and conspicuous warning placed on a product protects the manufacturer from strict liability.

Accepted Answer

A) True 
 B)False

Question 18

Justin buys a computer from a retailer and his son is injured when the glass on the monitor shatters while he is using it.He sues the wholesaler only and the jury determines that this was a manufacturing defect that existed when the computer left the factory and caused the son's injury.The jury determined that the wholesaler was only 5-percent responsible,the retailer 20-percent,and the manufacturer 75-percent.Justin can:

Accepted Answer

A)  recover the full amount of his damages from the wholesaler 
B)  recover only 5 percent of his damages from the wholesaler 
C)  recover 20 percent from the retailer,but none from the parties he did not deal with 
D)  not recover because he (the son) was not the one who bought the computer 
A)  recover the full amount of his damages from the wholesaler 
B)  recover only 5 percent of his damages from the wholesaler 
C)  recover 20 percent from the retailer,but none from the parties he did not deal with 
D)  not recover because he (the son) was not the one who bought the computer

Question 19

Failure to warn about a product's dangers can make an otherwise safe product defective.

Accepted Answer

A) True 
 B)False

Question 20

Smith purchased the latest kitchen counter top appliance,the Wonderslicer.It was designed to slice any type of dry food with amazing speed in a variety of settings.In the owner's manual that came with the Wonderslicer it clearly warned that it should not be used on wet food.The Wonderslicer itself contained a warning to read the owner's manual.Smith's 10-year-old daughter used the Wonderslicer to slice some oranges.In the process,she received a severe electrical shock which caused burns to her hand.

Accepted Answer

There is both a design defect

Exam 6: Strict Liability and Product Liability

All parties in the chain of distribution of a defective product are not strictly liable for injuries caused by the product.

A statute of repose sets a limited time after an injury occurs in which a product liability suit can be brought.

Comparative negligence is more widely recognized as a defense in product liability actions than contributory negligence.

Strict liability for products liability requires that the plaintiff show there was a defect in the product causing the injury.

Which of the following is correct with regard to the crashworthiness doctrine?

The original seller of the product is liable for an injury caused by a modification of the product even if the modification occurred after it left the seller's possession.

Which of the following would be a supervening event from the standpoint of a car manufacturer that has been sued in strict liability for an injury caused by one of its cars?

Strict liability would not apply to the sale of blood required for a blood transfusion.

In evaluating the adequacy of a product's design,the courts apply a risk-utility analysis.

The maker of a product is required to warn about all dangers associated with using the product including dangers that are generally known.

The doctrine of strict liability applies to sellers and lessors of products.

Damages recoverable in a strict liability action are uniform throughout the United States.

The failure of a manufacturer to properly test a product can be a defect in manufacture.

A proper and conspicuous warning placed on a product protects the manufacturer from strict liability.

Failure to warn about a product's dangers can make an otherwise safe product defective.

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

Family Law

International and World Trade Law

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