Question 1

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage,which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that

Accepted Answer

A) Soda is in a better position than Talia to bear the cost of her injury. 
B) Talia is a person,not a business. 
C) making and selling products are abnormally dangerous activities. 
D) Soda and Talia are in privity.

Question 2

Sea & Sail Corporation makes boats and boating supplies. Theresa files a product liability suit against Sea & Sail,alleging a design defect. In deciding whether to hold the boat maker liable,the court may consider an available alternative design based on the design's

Accepted Answer

A) popularity among industrial designers. 
B) attractiveness to consumers. 
C) commonality of use. 
D) effect on the product.

Question 3

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

Accepted Answer

A) True 
 B)False

Question 4

ClearCall Corporation makes phones,which are sold to consumers by DefDeals stores. Erna files a product liabil-ity suit against ClearCall,alleging a design defect. In deciding whether to hold ClearCall liable,the court may consider

Accepted Answer

A) Erna's intended use for the phone. 
B) DefDeals' method of accounting. 
C) ClearCall's quality control efforts. 
D) an available alternative design.

Question 5

Fleet Feet Corporation makes athletic shoes. Gloria,a marathoner,files a product liabil-ity suit against Fleet Feet,alleging a design defect. In deciding whether to hold Fleet Feet liable,the court may consider an alternative design's

Accepted Answer

A) popularity among industrial designers and consumers. 
B) weight and heft. 
C) aesthetics. 
D) advantages and disadvantages.

Question 6

Street Bikes,Inc.,makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe,however,and Theo is injured as a result. Street Bikes is most likely liable for

Accepted Answer

A) assumption of risk. 
B) commonly known danger. 
C) negligence. 
D) product misuse.

Question 7

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

Accepted Answer

A) True 
 B)False

Question 8

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Accepted Answer

A) True 
 B)False

Question 9

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

Accepted Answer

A) True 
 B)False

Question 10

An action in strict product liability requires that the product be in a defective condition when the defendant sells it.

Accepted Answer

A) True 
 B)False

Question 11

Lipstik,Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling,Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for

Accepted Answer

A) product misuse. 
B) fraud. 
C) privity. 
D) puffery.

Question 12

In making and marketing tools and other do-it-yourself home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions against

Accepted Answer

A) every conceivable misuse of a product. 
B) only foreseeable misuses of a product. 
C) no misuses of a product. 
D) only obvious misuses of a product.

Question 13

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

Accepted Answer

A) True 
 B)False

Question 14

Custom Ceramics Corporation makes ceramic products for commercial uses,including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Duramold Plastics,Inc.,liability may be imposed on Custom Ceramics if the tiles sold to Duramold were

Accepted Answer

A) in perfect condition at the time of their sale. 
B) damaged by their use. 
C) substantially changed after their sale. 
D) in a defective condition that was the proximate cause of the damage.

Question 15

The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.

Accepted Answer

A) True 
 B)False

Question 16

Wideload,Inc.,makes,sells,and leases trucks,trailers,and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload,alleging a design defect. In deciding whether to hold the maker liable,the court may consider

Accepted Answer

A) the assumptions of Wideload. 
B) the identity of Wideload's owner. 
C) the intentions of Wideload. 
D) the expectations of the ordinary consumer.

Question 17

Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite,alleg-ing a warning defect. In deciding whether to hold Safe-Rite liable,the court may consider

Accepted Answer

A) consumers' general failure to read the product's warnings. 
B) the plaintiff's specific failure to read the product warnings. 
C) the obvious risks of other products. 
D) the obvious risks of this product.

Question 18

Meds Company,Oral Med Corporation,and Pharma,Inc.,are drug makers. In a suit against all of these parties in which market-share li-ability is imposed,most likely to be liable are

Accepted Answer

A) none of these parties. 
B) the party with the largest market share. 
C) all of these parties. 
D) the parties whose market shares are equal.

Question 19

MedBeat Inc.,makes medical devices,including heart pacemakers. Nina,a heart patient,files a product liabil-ity suit against MedBeat,alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable,the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and

Accepted Answer

A) the omission of a warning renders the pacemaker not reasonably safe. 
B) there is a reasonable alternative design. 
C) MedBeat did not use due care in making the pacemaker. 
D) Nina lacks insurance coverage.

Question 20

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Accepted Answer

A) True 
 B)False

Exam 5: Product Liability

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage,which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that

Sea & Sail Corporation makes boats and boating supplies. Theresa files a product liability suit against Sea & Sail,alleging a design defect. In deciding whether to hold the boat maker liable,the court may consider an available alternative design based on the design's

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

ClearCall Corporation makes phones,which are sold to consumers by DefDeals stores. Erna files a product liabil-ity suit against ClearCall,alleging a design defect. In deciding whether to hold ClearCall liable,the court may consider

Fleet Feet Corporation makes athletic shoes. Gloria,a marathoner,files a product liabil-ity suit against Fleet Feet,alleging a design defect. In deciding whether to hold Fleet Feet liable,the court may consider an alternative design's

Street Bikes,Inc.,makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe,however,and Theo is injured as a result. Street Bikes is most likely liable for

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

An action in strict product liability requires that the product be in a defective condition when the defendant sells it.

Lipstik,Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling,Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for

In making and marketing tools and other do-it-yourself home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions against

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

Custom Ceramics Corporation makes ceramic products for commercial uses,including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Duramold Plastics,Inc.,liability may be imposed on Custom Ceramics if the tiles sold to Duramold were

The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.

Wideload,Inc.,makes,sells,and leases trucks,trailers,and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload,alleging a design defect. In deciding whether to hold the maker liable,the court may consider

Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite,alleg-ing a warning defect. In deciding whether to hold Safe-Rite liable,the court may consider

Meds Company,Oral Med Corporation,and Pharma,Inc.,are drug makers. In a suit against all of these parties in which market-share li-ability is imposed,most likely to be liable are

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.