Question 1

The concept of "defect" is expanding in the law.

Accepted Answer

A) True 
 B)False

Question 2

What are sellers responsible to provide for regarding the assembly of products they sell?

Accepted Answer

A)  rebates 
B)  adequate instructions for safe assembly 
C)  adequate instructions for use of the product 
D)  A and B 
E)  B and C 
A)  rebates 
B)  adequate instructions for safe assembly 
C)  adequate instructions for use of the product 
D)  A and B 
E)  B and C

Question 3

In a product liability action based on strict liability,the plaintiff must prove the existence of a defect and who caused the defect.

Accepted Answer

A) True 
 B)False

Question 4

It is a hot summer afternoon so Rob takes his brand new Rocketski (a personal watercraft similar to a Jet Ski)out to a local park at a reservoir to try it out.The Rocketski has a built-in CD stereo sound system,with speakers,but also with a headphone jack.The owner's manual contains a warning that the headphones should only be used in light traffic areas and with extreme caution.Rob takes the Rocketski out on the water and puts the headphones on with his new CD,the greatest hits of the Ultradeath Slashers and Destroyers.He takes the machine out to the open area of the reservoir and tries it out.He's never done this before,is having lots of fun,and then wants to show his friends back on shore how fast the Rocketski can go.He comes close to shore at full speed where there are many swimmers and sailboarders in the water.Several swimmers are yelling at him to stop,but he doesn't hear anyone because he's listening to his favorite song,"Destroy Me Bad,My Love," at full volume on the headphones.He is rapidly approaching Sally on her sailboard,but doesn't see her because he's looking for his friends on shore.He would have missed Sally (just barely),but just as he got near her the engine on the Rocketski suddenly failed,causing the machine to lurch to the left and into Sally and her sailboard.Sally suffers severe injuries and sues Rocketski,Inc.Discuss the likely basis of the suit,claims raised,possible defenses,and likely outcome,assuming that the engine defect occurred in the manufacture of the Rocketski.

Accepted Answer

Even with the warning,the headphone jack

Question 5

Which of the following is true about statutes of limitation and statutes of repose?

Accepted Answer

A)  Statutes of limitation,but not statutes of repose,set time limits on bringing legal actions. 
B)  Neither type of statute applies in the event of serious injuries. 
C)  These statutes are federal law and apply nationwide even to state law actions. 
D)  A statute of repose requires that a claim be brought within the specified number of years that the product was originally sold. 
A)  Statutes of limitation,but not statutes of repose,set time limits on bringing legal actions. 
B)  Neither type of statute applies in the event of serious injuries. 
C)  These statutes are federal law and apply nationwide even to state law actions. 
D)  A statute of repose requires that a claim be brought within the specified number of years that the product was originally sold.

Question 6

Which of the following is not a commonly recognized defense in product liability?

Accepted Answer

A)  government contractor defense 
B)  state of the art design 
C)  correction of the defect 
D)  assumption of the risk 
E)  unforeseeable misuse of the product 
A)  government contractor defense 
B)  state of the art design 
C)  correction of the defect 
D)  assumption of the risk 
E)  unforeseeable misuse of the product

Question 7

Dangerous Products,Inc.is currently the defendant in several products liability cases.Which of the following situations would provide the weakest defense for the manufacturer?

Accepted Answer

A)  The plaintiff had received a recall notice addressing the defect which caused the injury,but did not respond to the recall and continued to use the product. 
B)  The plaintiff was misusing the product,an electric sander,to remove the outer layer of his facial skin in order to improve his facial complexion. 
C)  The plaintiff had taken one of the company's lawn mowers and modified it to be a ceiling fan which he attached to his bedroom ceiling. 
D)  The injury occurred when a boy used a drill to drill a hole in his younger brother's arm because the younger brother had broken the older brother's toy car. 
E)  The plaintiff was misusing an electric wood saw because the owner's manual said to only use it to cut with (along) the grain of the wood and the plaintiff was using it to cut across the grain,causing it to kick up and injure the plaintiff. 
A)  The plaintiff had received a recall notice addressing the defect which caused the injury,but did not respond to the recall and continued to use the product. 
B)  The plaintiff was misusing the product,an electric sander,to remove the outer layer of his facial skin in order to improve his facial complexion. 
C)  The plaintiff had taken one of the company's lawn mowers and modified it to be a ceiling fan which he attached to his bedroom ceiling. 
D)  The injury occurred when a boy used a drill to drill a hole in his younger brother's arm because the younger brother had broken the older brother's toy car. 
E)  The plaintiff was misusing an electric wood saw because the owner's manual said to only use it to cut with (along) the grain of the wood and the plaintiff was using it to cut across the grain,causing it to kick up and injure the plaintiff.

Question 8

The most widely recognized articulation of the doctrine of strict liability is found in Section 402A of the Restatement (Second of Torts).

Accepted Answer

A) True 
 B)False

Question 9

George bought a power handsaw from a local hardware store.The manufacturer had made the saw with a blade guard,which surrounds the blade,helping to prevent blade contact with the user.The manufacturer sold the saw to a wholesaler,which sold it to the hardware store.The hardware store removed the blade guard from the saw,but put it in the box that contained the saw.When George got home,he noticed that the blade guard was off.He could have reattached it,or he could have taken it back to the store,but George was in a hurry,so he used it the way it was.While sawing,he hit a knot in the wood,the saw kicked back,and the blade hit George's hand,seriously injuring it.Kickbacks are a relatively common occurrence,but if the blade guard had been installed,George would not have between injured.George wants to sue everyone in the chain of distribution under a strict liability theory.Discuss the potential liability of each member in the chain of distribution,and any possible defenses that may be raised.

Accepted Answer

The manufacturer and wholesaler are not

Question 10

Fraud is often used as the basis for product liability actions.

Accepted Answer

A) True 
 B)False

Question 11

The manufacturer of a subcomponent of a product cannot be sued if the product is defective and causes an injury.

Accepted Answer

A) True 
 B)False

Question 12

When a product is found to be defective because of a failure to warn,it means:

Accepted Answer

A)  that the manufacturer made an unreasonably dangerous product about which consumers should have been told 
B)  that the product would not have been unreasonably dangerous if consumers had been warned about certain dangers of the product 
C)  a state of the art design is accepted so long as consumers are warned that there are no safer designs available 
D)  that the manufacturer did not meet its duty to warn against all possible dangers that might exist in connection with a product 
A)  that the manufacturer made an unreasonably dangerous product about which consumers should have been told 
B)  that the product would not have been unreasonably dangerous if consumers had been warned about certain dangers of the product 
C)  a state of the art design is accepted so long as consumers are warned that there are no safer designs available 
D)  that the manufacturer did not meet its duty to warn against all possible dangers that might exist in connection with a product

Question 13

In order for the government contractor defense to apply,the following must be present except:

Accepted Answer

A)  the government set precise specifications for the product 
B)  the product conformed to the government specification 
C)  the contractor warned the government of any known defects or dangers 
D)  the contractor presented the government with a proposed safer design for the product 
E)  all four of the above must be proven in order for the defense to apply 
A)  the government set precise specifications for the product 
B)  the product conformed to the government specification 
C)  the contractor warned the government of any known defects or dangers 
D)  the contractor presented the government with a proposed safer design for the product 
E)  all four of the above must be proven in order for the defense to apply

Question 14

In a negligence action,all parties in the product's chain of distribution are liable for the injury,even if only one party was negligent.

Accepted Answer

A) True 
 B)False

Question 15

In 1995,Congress passed a law affecting products liability actions relating to single-engine airplanes.Among other provisions,this law sets an 18-year statute of repose.In 1996,Cessna resumed production of several models of single-engine airplanes which had been stopped several years earlier,in part because of products liability exposure.Is this law ethical? Was this needed legislation,or was this a special favor given to one industry that makes a product known to lead to death and injury? How does the fact that flight training schools were unable to replace the single-engine planes they were using for training with newer ones affect your analysis?

Accepted Answer

Pilots are generally aware of the risks

Question 16

Little Bobby,5 years old,finds his older brother's "Extendo Sword," which is a toy sword about a foot long which springs out to 5 feet long when a button is pushed on the handle.His mother tells him to put it down because he will hurt someone if he's not careful.Bobby pushes the button when the sword is pointed toward his face and,just as all properly functioning "Extendo Swords" do,the sword shoots out.Bobby is injured and,under products liability,sues the toy store which sold the toy.Bobby will most likely:

Accepted Answer

A)  lose because of contributory negligence by playing with the sword after being told not to 
B)  lose if he cannot prove negligence on the part of the toy store 
C)  win on the basis of a manufacturing defect 
D)  win on the basis of a design defect 
E)  lose if the defendant can show that the sword was a state-of-the-art design 
A)  lose because of contributory negligence by playing with the sword after being told not to 
B)  lose if he cannot prove negligence on the part of the toy store 
C)  win on the basis of a manufacturing defect 
D)  win on the basis of a design defect 
E)  lose if the defendant can show that the sword was a state-of-the-art design

Question 17

Contributory negligence is a defense to negligence actions but not generally in strict liability actions.

Accepted Answer

A) True 
 B)False

Question 18

Greenman v.Yuba Power Products,Inc.is a landmark case that adopted the doctrine of strict liability in tort as a basis for product liability actions.

Accepted Answer

A) True 
 B)False

Question 19

Sean has a 6-year-old car which he bought 2 years ago directly from its original owner.Eight months ago he received a recall notice about a safety problem with the brakes.He never responded to the notice.Yesterday Sean was driving when the brakes failed and caused him to strike and injure a pedestrian.Which of the following is true in lawsuits against the car's manufacturer?

Accepted Answer

A)  The pedestrian cannot recover due to the fact that the pedestrian was not using the car. 
B)  Sean can recover despite having received the recall notice. 
C)  The pedestrian cannot recover because the correction of a defect defense will apply even though Sean did not take the car in for the repair. 
D)  Neither party can recover if Sean's car was one of only a few of these cars that actually had a brake defect. 
E)  The pedestrian could not recover due to assumption of the risk. 
A)  The pedestrian cannot recover due to the fact that the pedestrian was not using the car. 
B)  Sean can recover despite having received the recall notice. 
C)  The pedestrian cannot recover because the correction of a defect defense will apply even though Sean did not take the car in for the repair. 
D)  Neither party can recover if Sean's car was one of only a few of these cars that actually had a brake defect. 
E)  The pedestrian could not recover due to assumption of the risk.

Question 20

Strict liability applies only to products,not services.

Accepted Answer

A) True 
 B)False

Exam 6: Strict Liability and Product Liability

The concept of "defect" is expanding in the law.

What are sellers responsible to provide for regarding the assembly of products they sell?

In a product liability action based on strict liability,the plaintiff must prove the existence of a defect and who caused the defect.

Which of the following is true about statutes of limitation and statutes of repose?

Which of the following is not a commonly recognized defense in product liability?

Dangerous Products,Inc.is currently the defendant in several products liability cases.Which of the following situations would provide the weakest defense for the manufacturer?

The most widely recognized articulation of the doctrine of strict liability is found in Section 402A of the Restatement (Second of Torts).

Fraud is often used as the basis for product liability actions.

The manufacturer of a subcomponent of a product cannot be sued if the product is defective and causes an injury.

When a product is found to be defective because of a failure to warn,it means:

In order for the government contractor defense to apply,the following must be present except:

In a negligence action,all parties in the product's chain of distribution are liable for the injury,even if only one party was negligent.

Contributory negligence is a defense to negligence actions but not generally in strict liability actions.

Greenman v.Yuba Power Products,Inc.is a landmark case that adopted the doctrine of strict liability in tort as a basis for product liability actions.

Strict liability applies only to products,not services.

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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