Question 1

CASE 10.3James v.Meow Media,Inc.(2002)addressed whether a video game manufacturer was strictly liable for a teenager's shooting spree.What was the court's holding?

Accepted Answer

A)  That the shooting was so aberrant as to be unforeseeable by the video game producer. 
B)  That the products were defective. 
C)  That the video game manufacturer was liable for the shooting. 
D)  That the shooting was so aberrant as to be unforeseeable by the video game producer but also that the products at issue were defective. 
A)  That the shooting was so aberrant as to be unforeseeable by the video game producer. 
B)  That the products were defective. 
C)  That the video game manufacturer was liable for the shooting. 
D)  That the shooting was so aberrant as to be unforeseeable by the video game producer but also that the products at issue were defective.

Question 2

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n)__________ product.

Accepted Answer

A)  state-of-the-art 
B)  unavoidably unsafe 
C)  obvious risk 
D)  abnormal 
A)  state-of-the-art 
B)  unavoidably unsafe 
C)  obvious risk 
D)  abnormal

Question 3

Which of the following is true regarding causation in a failure-to-warn claim?

Accepted Answer

A)  Causation is not an issue so long as the plaintiff can prove that the defendant intentionally refused to warn of known dangers. 
B)  Causation is not an issue so long as the plaintiff can prove that the defendant either intentionally refused to warn of known dangers or negligently failed to warn of known dangers. 
C)  Cause in fact, but not proximate cause, is required in a failure-to-warn claim. 
D)  In an extreme case, a judge may set aside a jury verdict on causation grounds. 
A)  Causation is not an issue so long as the plaintiff can prove that the defendant intentionally refused to warn of known dangers. 
B)  Causation is not an issue so long as the plaintiff can prove that the defendant either intentionally refused to warn of known dangers or negligently failed to warn of known dangers. 
C)  Cause in fact, but not proximate cause, is required in a failure-to-warn claim. 
D)  In an extreme case, a judge may set aside a jury verdict on causation grounds.

Question 4

Fred sued Document Security Company,alleging he had suffered injuries to his hands as a result of attempting to fix a jam in one of Document Security's paper shredders.Fred alleged the shredder was defective because it failed to contain warnings regarding the dangers to fingers and hands while attempting to fix jams.In order to succeed,Fred will have to show:

Accepted Answer

A)  all risk of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company. 
B)  paper shredders are inherently dangerous products. 
C)  his injuries would not have occurred but for the absence of the warnings. 
D)  foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company. 
A)  all risk of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company. 
B)  paper shredders are inherently dangerous products. 
C)  his injuries would not have occurred but for the absence of the warnings. 
D)  foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company.

Question 5

Which of the following allows the filing of a lawsuit previously barred by the running of the statute of limitations?

Accepted Answer

A)  A statute of repose 
B)  A recommence statute 
C)  A revival statute 
D)  None of these choices because any such law would be unconstitutional. 
A)  A statute of repose 
B)  A recommence statute 
C)  A revival statute 
D)  None of these choices because any such law would be unconstitutional.

Question 6

CASE 10.2 Branham v.Ford Motor Co.(2010)was reversed and remanded for a new trial,with plaintiff ordered to prove the __________ approach,after the court adopted the __________ regarding defective product claims.

Accepted Answer

A)  unavoidably safe product, Restatement (Third) 
B)  inadequate warnings, Restatement (Third) 
C)  reasonable alternative design, Restatement (Third) 
D)  reasonable alternative design,Restatement (Fourth) 
A)  unavoidably safe product, Restatement (Third) 
B)  inadequate warnings, Restatement (Third) 
C)  reasonable alternative design, Restatement (Third) 
D)  reasonable alternative design,Restatement (Fourth)

Question 7

Which of the following is NOT a theory on which a product liability claim can be based?

Accepted Answer

A)  Negligence 
B)  Breach of warranty 
C)  Ultrahazardous activity 
D)  Strict liability 
A)  Negligence 
B)  Breach of warranty 
C)  Ultrahazardous activity 
D)  Strict liability

Question 8

Following several injuries,a manufacturer of a chain saw installed an additional safety guard.In a lawsuit based on products liability,which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification?

Accepted Answer

A)  That the modification was just recently designed. 
B)  That the modification involved a subsequent remedial measure. 
C)  That the company was not negligent. 
D)  There is no best position because it is well established that the evidence would be admitted. 
A)  That the modification was just recently designed. 
B)  That the modification involved a subsequent remedial measure. 
C)  That the company was not negligent. 
D)  There is no best position because it is well established that the evidence would be admitted.

Question 9

In regard to strict liability in tort,which of the following is true in the case of a seller of used goods?

Accepted Answer

A)  Sellers of used goods are not usually held strictly liable for goods sold. 
B)  A seller of used goods is strictly liable for defective repairs made by the seller. 
C)  A seller of used goods is usually held strictly liable only for inherently dangerous items such as power tools. 
D)  A seller of used goods is usually held strictly liable only for inherently dangerous items such as power tools or for defective repairs made by the seller. 
A)  Sellers of used goods are not usually held strictly liable for goods sold. 
B)  A seller of used goods is strictly liable for defective repairs made by the seller. 
C)  A seller of used goods is usually held strictly liable only for inherently dangerous items such as power tools. 
D)  A seller of used goods is usually held strictly liable only for inherently dangerous items such as power tools or for defective repairs made by the seller.

Question 10

A __________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

Accepted Answer

A)  design 
B)  contractor's 
C)  manufacturing 
D)  state of the art 
A)  design 
B)  contractor's 
C)  manufacturing 
D)  state of the art

Question 11

Under federal law a retailer who had no role in the manufacture of a defective good may not be held liable to a consumer injured by the good.

Accepted Answer

A) True 
 B)False

Question 12

Strict liability in tort applies only to products,not to services.

Accepted Answer

A) True 
 B)False

Question 13

A design defect may result from the manufacturer's choice of the product's materials.

Accepted Answer

A) True 
 B)False

Question 14

Because other countries have applied principles of assumption of risk,the U.S.is the only country where the tobacco industry faces legal problems.

Accepted Answer

A) True 
 B)False

Question 15

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Accepted Answer

A) True 
 B)False

Question 16

ThePLIVA,Inc.v.Mensing case discussed in the text,involved theissue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn.What was the holding by the US Supreme Court?

Accepted Answer

A)  That federal law did not preempt state law claims for failure to warn. 
B)  That federal law preempted state law claims for failure to warn. 
C)  That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed. 
D)  That federal law preempted state law claims for failure to warn based on negligence but that failure to warn claims based on strict liability could proceed. 
A)  That federal law did not preempt state law claims for failure to warn. 
B)  That federal law preempted state law claims for failure to warn. 
C)  That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed. 
D)  That federal law preempted state law claims for failure to warn based on negligence but that failure to warn claims based on strict liability could proceed.

Question 17

Which of the following is true under the UCC regarding the requirement of privity in regard to a breach of warranty action?

Accepted Answer

A)  The UCC limits liability to those in privity with the seller who are injured by the goods. 
B)  The UCC extends protection to those in privity with the seller who are injured by the goods and also to those in the buyer's household reasonably expected to use, consume, or be affected by the goods and who are injured by the goods. 
C)  The UCC extends protection not only to those in privity with the seller, but also to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by the goods. 
D)  The UCC has alternate provisions regarding the need for privity from which adopting states may choose. 
A)  The UCC limits liability to those in privity with the seller who are injured by the goods. 
B)  The UCC extends protection to those in privity with the seller who are injured by the goods and also to those in the buyer's household reasonably expected to use, consume, or be affected by the goods and who are injured by the goods. 
C)  The UCC extends protection not only to those in privity with the seller, but also to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by the goods. 
D)  The UCC has alternate provisions regarding the need for privity from which adopting states may choose.

Question 18

An unusual use that is reasonably foreseeable may be considered a normal use of a product.

Accepted Answer

A) True 
 B)False

Question 19

Under the doctrine of __________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

Accepted Answer

A)  assumption of risk 
B)  comparative negligence 
C)  contributory negligence 
D)  assumption of harm 
A)  assumption of risk 
B)  comparative negligence 
C)  contributory negligence 
D)  assumption of harm

Question 20

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

Accepted Answer

A)  comparative fault 
B)  contributory negligence 
C)  assumption of risk 
D)  both comparative fault and contributory negligence 
A)  comparative fault 
B)  contributory negligence 
C)  assumption of risk 
D)  both comparative fault and contributory negligence

Exam 10: Product Liability.

CASE 10.3James v.Meow Media,Inc.(2002)addressed whether a video game manufacturer was strictly liable for a teenager's shooting spree.What was the court's holding?

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n)__________ product.

Which of the following is true regarding causation in a failure-to-warn claim?

Which of the following allows the filing of a lawsuit previously barred by the running of the statute of limitations?

CASE 10.2 Branham v.Ford Motor Co.(2010)was reversed and remanded for a new trial,with plaintiff ordered to prove the __________ approach,after the court adopted the __________ regarding defective product claims.

Which of the following is NOT a theory on which a product liability claim can be based?

Following several injuries,a manufacturer of a chain saw installed an additional safety guard.In a lawsuit based on products liability,which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification?

In regard to strict liability in tort,which of the following is true in the case of a seller of used goods?

A __________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

Under federal law a retailer who had no role in the manufacture of a defective good may not be held liable to a consumer injured by the good.

Strict liability in tort applies only to products,not to services.

A design defect may result from the manufacturer's choice of the product's materials.

Because other countries have applied principles of assumption of risk,the U.S.is the only country where the tobacco industry faces legal problems.

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

ThePLIVA,Inc.v.Mensing case discussed in the text,involved theissue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn.What was the holding by the US Supreme Court?

Which of the following is true under the UCC regarding the requirement of privity in regard to a breach of warranty action?

An unusual use that is reasonably foreseeable may be considered a normal use of a product.

Under the doctrine of __________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, and Dispute Resolution.

Constitutional Bases for Business Regulation.

Agency.

Administrative Law.

Contracts.

Sales, Licensing, and E-Commerce.

Torts and Privacy Protection.

Intellectual Property.

The Employment Agreement.

Civil Rights and Employment Discrimination.

Criminal Law.

Environmental Law and Sustainability.

Antitrust.

Consumer Protection.

Real Property and Land Use.

Forms of Business Organizations.

Directors, Officers, and Controlling Shareholders.

Public and Private Offerings of Securities.

Securities Fraud and Insider Trading.

Debtor-Creditor Relations and Bankruptcy.

International Law and Transactions.

Filters

CASE 10.2 Branham v.Ford Motor Co.(2010)was reversed and remanded for a new trial,with plaintiff ordered to prove the approach,after the court adopted the regarding defective product claims.