Exam 9: Product Liability: Allocating Risk Responsibility

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Compare the regulation of biotechnology in the United States to that of the European Union.​

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The United States and the EU take extremely opposing views on the regulation of biotechnology.  The United States considers GMO products as substantially similar to traditionally produced products.  Thus,they can be cultivated and marketed in the United States without extensive premarket studies or specific labels.  The EU subjects GMOs to extensive regulation based on their potential adverse health effects.  There is a lengthy approval process and most authorized foods must be labeled.

The term caveat emptor means:

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C

To win a suit for negligence,a plaintiff must establish: I.The defendant breached its duty of care,creating an unreasonable risk of harm II.The defendant acted with total disregard to the harm that could result III.the defendant's behavior was the proximate cause of the plaintiff's injuries​

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C

Under the Restatement of Torts (Second),Section 402a,a product manufacturer must be negligent in order to be liable for a defective product.

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In Wyeth v.Levine,the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.

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Are contracts for the sale of computer software governed by the UCC?

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The Food and Drug Administration,the Consumer Product Safety Commission,and the National Highway Transportation Safety Association are:

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According to Stephen Sugarman,performance-based regulation happens when:

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The Ford Pinto exploded when rear-ended by another vehicle. The Pinto suffered from a(n):​

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Absent provisions in the contract,which of the following types of damage can be awarded to an injured party under a breach of contract?

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Explain three ways in which a product can be deemed defective or dangerous under strict product liability and provide an example of each.

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The organization that works with companies on recalls of unsafe products (such as lead-paint laden Thomas the Train toys)is

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Explain how injured parties can recover damages under the UCC.

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Identify three distinct legal theories that can lead to liability for an unsafe or defective product.

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The United States and the European Union place strict regulations on GMO products.

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