Exam 10: Product-Liability

Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?

Although disclaimers of liability are generally ineffective,parties in the chain of distribution should enter into contracts that _____ for defects caused by other members of the distribution chain.

The National Vaccine Injury Compensation Program is a "no-fault alternative to the traditional legal system" to resolve claims that individuals were injured by certain vaccines,which is based on:

Perhaps the most significant and controversial of the defenses to product liability is the preemption defense,according to which the Supreme Court explained in Mutual Pharmaceutical Co.v.Bartlett the Supremacy Clause makes federal law preemptive.Therefore,state laws:

The FDA requires that manufacturers provide full labeling in __________ for nonprescription drugs sold in the United States mainland.

The preemption defense involves certain __________,which set minimum safety standards for products.

Which of the following is NOT a theory on which a product liability claim can be based?

Sal purchased a used toaster at a yard sale.The seller told Sal that although the toaster was more than 10 years old,she had not had any problems with it.Sal takes the toaster home and uses it for a few months.One day,however,as Sal was using the toaster,it malfunctioned and caused a small fire in Sal's kitchen along with significant smoke damage.Sal decides to sue the manufacturer of the toaster and will do so within one month of the fire.What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sal?

The European Union applies strict liability to services.

A seller should enter into a contract of indemnity with a manufacturer giving the seller a right to reimbursement if found liable for a defect caused by the manufacturer.

In regard to successor liability,courts applying the __________ look for constancy between the buyer and seller to determine whether the successor company is essentially a mere continuation or reincarnation of the predecessor entity.

A court might consider a product to be unreasonably dangerous if:

Which of the following allows the filing of a lawsuit previously barred by the running of the statute of limitations?

The PLIVA,Inc.v.Mensing case involved the issue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn.What was the holding by the U.S.Supreme Court?

To recover for a defective product,an injured person must be in a contractual relationship (privity)with the seller.

A __________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

The main holding in CASE 10.1,MacPherson v.Buick Motor Co.(1916),was Buick's liability without privity of contract with the buyer,MacPherson.​

A person voluntarily and unreasonably assumes the risk of a known danger regarding a product.In such a case the manufacturer is not liable for any resulting injury,based on the doctrine of:

If the societal value of an inherently dangerous product outweighs the risk of harm from its use,it is known as a(n)__________ product.

In regard to strict liability in tort,which of the following is true in the case of a seller of used goods?