Exam 7: Business Torts and Product Liability

In Parish v. ICON, where a man was seriously injured when using a trampoline, the courts held that the trampoline had sufficient warnings of dangers so as to eliminate liability.

The doctrine of strict liability in tort applies primarily to cases of manufacturing defect, failure to warn, and to design defects.

An implied warranty is:

Activity that "necessarily involves a risk of serious harm to the person, land, or chattels of another, which cannot be eliminated by the exercise of the utmost care" and "is not a matter of common usage" is called:

The main author of the Restatement (Second) of Torts is the American Law Institute.

If a producer learns after it sells a product that it has a problem that might cause consumers injuries, the producer must warn consumers of the danger or face liability.

If consumption of large quantities of alcoholic beverages over time causes serious health problems a consumer may not recover in tort against the beverage makers because of she assumed the risk.

Key element(s) of the tort of intentional interference with contractual relations is (are):

There is currently a system made up of a mix of ____ and contract law applying to products.

Under the old rule of caveat emptor a buyer injured by a defective product had no ability to sue the maker.

Which of the following activities is an example of an ultrahazardous activity:

Which tort is concerned with a business attempting to improve itself in the market by interfering with another's business in an unreasonable and improper manner:

Design defect cases usually do not concern one product that slips through the production process with a defect.

In MacPherson v. Buick Motor Co. the court held Buick liable because it is responsible for the quality of wheels and other parts used on its vehicles.

Paul buys a bottle of Great Wine. He drinks it and becomes very ill. Doctors find the wine contained anti-freeze. Paul may not sue Great Wine because he assumed the risk of drinking alcohol, an inherently dangerous product.

The case Henningsen v. Bloomfield Motors, had a major impact on the application of tort law to foreign producers.

The most active area of strict liability litigation based on the concept of unknown hazards involves which product?

In Henningsen v. Bloomfield Motors, the New Jersey Supreme Court greatly expanded the legal protection offered by implied warranties of safety.

In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which of the following parties?

The sophisticated user defense: