Exam 20: Product Liability

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In the case in the text,Branham v.Ford Motor Co. ,the court stated that the plaintiff was required to prove three things at trial for his product liability design defect action.Which of the following is not one of the three requirements?

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The Elle Corporation manufactures fingernail polish.Suzy buys a container of Elle's fingernail polish,applies it to her nails,and suffers a severe allergic reaction.She sues Elle under the implied warranty of merchantability.The test for determining whether Suzy will recover is whether:

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In Green v.Ford Motor Co. ,the case in the text,the Indiana Supreme Court held that in crashworthiness cases alleging enhanced injuries:

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Delbert Cars sells Jim a nice new model.Unfortunately for Jim,a defect in the car's brakes causes them to fail;in turn causing an accident that totals the car and puts Jim in the hospital.Jim sues (among others)Delbert,arguing that Delbert was negligent in failing to inspect the brakes for defects.All Delbert did was to drive the car around the block to see if it ran as it should.Under what conditions might Delbert be liable? Under what conditions will it escape liability?

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A seller's ability to disclaim implied warranties is sometimes restricted by the doctrine of:

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Which damages are awarded to punish the defendant?

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Toyota Automobiles launches a new SUV model.The design of the car was such that the vehicle had a very broad rear.This posed a problem of parking the vehicle in the regular parking space.Adams,the owner of the SUV,parked his car on one side of the road.Since the vehicle's rear was protruding onto the road,it was hit by a truck and was damaged.Under these circumstances,can Adams sue Toyota for defective design? Are there any remedies for him to recover?

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Which of the following characterizes cases filed under section 402A?

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In order to establish a cause of action based upon strict liability in tort for personal injuries resulting from the use of a defective product,the plaintiff must start the case by proving that the defendant:

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Which of the following is not a defense to a product liability suit?

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