Exam 7: Business Torts and Product Liability

Under the rule of ____, the producer of a defective product that caused injury to a consumer was not liable unless there was a contractual relationship between producer and injured party.

The legal standard that imposes tort liability on manufacturers when they produce a product negligently so that it hurts a consumer was first introduced in 1865.

The Restatement (Third) of Torts on product liability states that the producer of a product may be liable for defect except in which case:

In a case alleging interference with a contractual relation, the defendant must have known the plaintiff had a contract with a third party.

The elements of the tort of intentional interference with contractual relations include:

In Gieseke v. IDCA, Gieseke formed a company to compete with his old employer and worked with one of the former owners of his old employer in the new company. His former employer moved some of the equipment of the new company and changed its mailing address without permission of Gieseke or his partner. When Gieseke sued his former employer the courts held that he had a good cause of action for:

In Henningsen v. Bloomfield Motors, a New Jersey court allowed a woman to recover damages for injuries she suffered because of brake failure on her husband's car. The theory that the court applied to find strict liability was:

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

Privity of contract is a contract with an express warranty.

Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was:

Strict liability under contract law for injuries caused by defective products is based on:

The American Law Institute's definition of strict liability has been revised in:

A person puts much more air in a tire than recommended. The tire explodes, injuring the person. The person is unlikely to win a case against the tire maker because of product misuse.

Which of the following is not needed to establish the tort of intentional misrepresentation:

In MacPherson v. Buick Motor Co. the court held Buick not liable because it did not make the wheel that collapsed and was the proximate cause of injury.

Strict liability in tort rule in product injury cases is described in:

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

The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is:

To minimize the likelihood of being liable for failure to warn manufacturers must:

Company B uses dangerous acid made by Company A in its production. B fails to warn a new employee of the risks in using the acid and the employee is injured. If Company B is sued by the employee, its defense will be that A and the employee are: