Exam 7: Business Torts and Product Liability

Under the strict liability doctrine, the focus is on the ____, rather than the reasonableness of the conduct of the manufacturer.

Most tort suits are filed in:

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:

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

Scienter is:

Under the negligence standard, a manufacturer is required to exercise reasonable care under the circumstances in the production of its product.

There are statutes that limit product liability for certain products and services.

Strict liability based on express warranty of safety was first based on contract law.

Fraud may be the same as deceit in tort law.

Kim lost control of his Toyota. The vehicle rolled and he suffered injuries. He sued for design defect because the vehicle lacked electronic stability control, a feature that would have increased his chance of controlling the vehicle so it would not have gone off the road. The appeals court held that:​

A(n) ____ warranty is one the manufacturer contractually provides to the consumer.

Fraud, misrepresentation, fraudulent misrepresentation and deceit are all examples of torts caused by:

While interfering with an existing contractual relationship can be a tort, if a contract has not yet been formed, there can be no tort.

The "tort crisis" in the U.S.:

Strict liability was used as a standard by courts before caveat emptor was used.

Dangers that were not known or not fully appreciated at the time the product was manufactured are known as ____ and account for the largest dollar volume and greatest number of product liability cases.

Negligence of other parties is irrelevant to the imposition of liability in ____ cases.

Unknown hazards cases involve products whose dangers are known by the manufacturer at the time they are produced, but are ignored until a later date.

Intentional misrepresentation is also known as fraud.

Claude Farmer wants flooring material to put in his dairy barn so that his prize cows will not have to stand on concrete. Julie Salesperson assures Claude that Like-A-Cloud rubber flooring will provide adequate cushioning for Claude's herd. Based on her assurances, Claude buys the flooring. He has: