Question 1

Which of the following is used by sellers to eliminate any kind of liability that may be claimed by an injured buyer?

Accepted Answer

A) Warranty 
B) Disclaimer 
C) Warning 
D) Advertisement 
A) Warranty 
B) Disclaimer 
C) Warning 
D) Advertisement

Question 2

Punitive damages are awarded to compensate for the losses a person has suffered.

Accepted Answer

A) True 
 B)False

Question 3

Goods that are unmerchantable are:

Accepted Answer

A) unfit for any use. 
B) unfit for the ordinary purposes for which such goods are used. 
C) unfit for the particular use that the buyer intends. 
D) unfit for the particular use that the buyer intends,and the buyer is a merchant. 
A) unfit for any use. 
B) unfit for the ordinary purposes for which such goods are used. 
C) unfit for the particular use that the buyer intends. 
D) unfit for the particular use that the buyer intends,and the buyer is a merchant.

Question 4

A(n)________ is a clause attempting to block recovery of certain damages.

Accepted Answer

A) promissory estoppel 
B) condition subsequent 
C) implied warranty 
D) remedy limitation 
A) promissory estoppel 
B) condition subsequent 
C) implied warranty 
D) remedy limitation

Question 5

What form of negligence involves the duty of a manufacturer to develop a safe product?

Accepted Answer

A) Negligent design 
B) Negligent hiring 
C) Negligent battery 
D) Incorporation 
A) Negligent design 
B) Negligent hiring 
C) Negligent battery 
D) Incorporation

Question 6

Which of the following is an example of noneconomic damages from a tort case?

Accepted Answer

A) Money loss from non-performance of one party 
B) Money loss from loss of professional time spent associated with contract 
C) Pain and suffering 
D) Loss of future commerce that was budgeted for one party 
A) Money loss from non-performance of one party 
B) Money loss from loss of professional time spent associated with contract 
C) Pain and suffering 
D) Loss of future commerce that was budgeted for one party

Question 7

Which of the following doctrines often proves helpful to plaintiffs who bring a product liability lawsuit alleging negligence?

Accepted Answer

A) Res judicata 
B) Res ipsa loquitur 
C) Caveat venditor 
D) Caveat emptor 
A) Res judicata 
B) Res ipsa loquitur 
C) Caveat venditor 
D) Caveat emptor

Question 8

Joe buys watermelon seeds from a seed manufacturer's catalog.The catalog describes the seed Joe buys as "top quality." Joe strongly relies upon this statement in making the purchase.The seeds turn out to be worthless,and Joe sues the manufacturer for breach of express warranty.You are the attorney representing the manufacturer.Which of the following is your best argument for escaping liability?

Accepted Answer

A) That a catalog statement cannot create an express warranty. 
B) That the basis-of-the-bargain requirement was not met. 
C) That the alleged warranty was merely sales talk. 
D) That the manufacturer did not give a sample or a model of the seeds. 
A) That a catalog statement cannot create an express warranty. 
B) That the basis-of-the-bargain requirement was not met. 
C) That the alleged warranty was merely sales talk. 
D) That the manufacturer did not give a sample or a model of the seeds.

Question 9

The increasing use of comparative principles in product liability cases is due to the dissatisfaction with the three traditional defenses used in product liability cases.

Accepted Answer

A) True 
 B)False

Question 10

A disclaimer is a clause attempting to block recovery of certain damages.

Accepted Answer

A) True 
 B)False

Question 11

Joe buys a bottle of Coca-Cola.When Joe spots a needle inside the bottle,his buddies dare him to drink the coke.After doing so,Joe suffers physical injury as the needle sticks in his throat.Joe sues Coca-Cola under section 402A;Coca-Cola defends by arguing assumption of risk on Joe's part.Transylvania,however,has eliminated assumption of risk as a separate defense in product liability cases.Instead,it has a comparative fault statute.Under that statute,what is the result of Joe's lawsuit and why? Assume that Coca-Cola would be liable under section 402A.

Accepted Answer

Joe would recover the portion of his pro

Question 12

A disclaimer attempts to eliminate ________;a remedy limitation attempts to block ________.

Accepted Answer

A) certain damages;liability 
B) liability;privity 
C) privity;certain damages 
D) liability;certain damages 
A) certain damages;liability 
B) liability;privity 
C) privity;certain damages 
D) liability;certain damages

Question 13

Which of the following would be most suitable to be tried under Comment k to section 402A of the Restatements (Second)of Torts?

Accepted Answer

A) Cases related to development of medicines 
B) Cases of manufacturing defect 
C) Cases of design defect 
D) Cases of failure-to-warn 
A) Cases related to development of medicines 
B) Cases of manufacturing defect 
C) Cases of design defect 
D) Cases of failure-to-warn

Question 14

Which section of the UCC grants a warranty for fitness for particular purpose?

Accepted Answer

A) 2-315 
B) 2-102 
C) 3-115 
D) 7-104 
A) 2-315 
B) 2-102 
C) 3-115 
D) 7-104

Question 15

Statements made in an advertisement may create what kind of warranty?

Accepted Answer

A) Express 
B) Implied 
C) Corporate 
D) Fiduciary 
A) Express 
B) Implied 
C) Corporate 
D) Fiduciary

Question 16

Mental distress and pain and suffering are examples of noneconomic damages.

Accepted Answer

A) True 
 B)False

Question 17

In Royal Indemnity Co.v.Tyco Fire Products,LP,the case in the text,why did the high court of Virginia affirm the trial court's judgment?

Accepted Answer

A) Tyco did not provide an express warranty of future performance for an indefinite period of time. 
B) The technical data sheet contained an express warranty of future performance. 
C) Royal's delay was excused because of the discovery rule. 
D) The record indicated that the language of the technical data sheet became part of the basis of the bargain. 
A) Tyco did not provide an express warranty of future performance for an indefinite period of time. 
B) The technical data sheet contained an express warranty of future performance. 
C) Royal's delay was excused because of the discovery rule. 
D) The record indicated that the language of the technical data sheet became part of the basis of the bargain.

Question 18

In the case in the text,Wilke v.Woodhouse Ford,Inc. ,the court held that:

Accepted Answer

A) the plaintiff failed to prove that the defendant was negligent for failure to inspect the van. 
B) the defendant was liable because it negligently failed to inspect the van. 
C) the implied warranty disclaimer did not violate public policy. 
D) the implied warranty disclaimer violated public policy because the plaintiff suffered personal injury. 
A) the plaintiff failed to prove that the defendant was negligent for failure to inspect the van. 
B) the defendant was liable because it negligently failed to inspect the van. 
C) the implied warranty disclaimer did not violate public policy. 
D) the implied warranty disclaimer violated public policy because the plaintiff suffered personal injury.

Question 19

Which of the following factors will be most important in determining whether an express warranty has been created concerning goods sold?

Accepted Answer

A) The seller's description of the goods formed the basis of the bargain. 
B) The buyer or seller is a merchant with respect to the goods being sold. 
C) The seller intended to create the express warranty. 
D) The buyer relied on the seller's statements. 
A) The seller's description of the goods formed the basis of the bargain. 
B) The buyer or seller is a merchant with respect to the goods being sold. 
C) The seller intended to create the express warranty. 
D) The buyer relied on the seller's statements.

Question 20

A remedy limitation is more likely to be declared unconscionable in consumer cases involving personal injury.

Accepted Answer

A) True 
 B)False

Exam 20: Product Liability

Which of the following is used by sellers to eliminate any kind of liability that may be claimed by an injured buyer?

Punitive damages are awarded to compensate for the losses a person has suffered.

Goods that are unmerchantable are:

A(n)________ is a clause attempting to block recovery of certain damages.

What form of negligence involves the duty of a manufacturer to develop a safe product?

Which of the following is an example of noneconomic damages from a tort case?

Which of the following doctrines often proves helpful to plaintiffs who bring a product liability lawsuit alleging negligence?

The increasing use of comparative principles in product liability cases is due to the dissatisfaction with the three traditional defenses used in product liability cases.

A disclaimer is a clause attempting to block recovery of certain damages.

A disclaimer attempts to eliminate ________;a remedy limitation attempts to block ________.

Which of the following would be most suitable to be tried under Comment k to section 402A of the Restatements (Second)of Torts?

Which section of the UCC grants a warranty for fitness for particular purpose?

Statements made in an advertisement may create what kind of warranty?

Mental distress and pain and suffering are examples of noneconomic damages.

In Royal Indemnity Co.v.Tyco Fire Products,LP,the case in the text,why did the high court of Virginia affirm the trial court's judgment?

In the case in the text,Wilke v.Woodhouse Ford,Inc. ,the court held that:

Which of the following factors will be most important in determining whether an express warranty has been created concerning goods sold?

A remedy limitation is more likely to be declared unconscionable in consumer cases involving personal injury.

The Nature of Law

The Resolution of Private Disputes

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

Filters

A disclaimer attempts to eliminate ;a remedy limitation attempts to block .