Question 1

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?

Accepted Answer

A) Evidence of a reasonable alternative design 
B) The defendant knew the product was dangerous 
C) A design flaw in the product 
D) How an alterative design would have prevented the product from being unreasonably dangerous

Question 2

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:

Accepted Answer

A) the nail polish she bought was suitable for the needs of the average consumer. 
B) the nail polish she bought properly performed its function of coloring one's nails. 
C) such a reaction in an appreciable number of consumers was reasonably foreseeable. 
D) the ingredient causing the reaction was foreign to the nail polish or natural to it.

Question 3

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

Accepted Answer

A) the plaintiff's alleged negligence in operating the vehicle was not relevant in determining whether Ford negligently designed the restrain system. 
B) a finder of fact shall apportion fault to the person suffering physical harm when that alleged fault relates to the cause of the underlying accident. 
C) if the plaintiff is found to be negligent,then he is barred from any recovery. 
D) the plaintiff's alleged negligence is considered,regardless of whether it was the proximate cause of the injuries he sustained.

Question 4

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?

Accepted Answer

The answer of Delbert Cars sells Jim a nice new...

Question 5

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

Accepted Answer

A) unconscionability. 
B) remedy limitation. 
C) no-privity. 
D) commercial impracticability.

Question 6

Which damages are awarded to punish the defendant?

Accepted Answer

A) Punitive 
B) Compensatory 
C) Monetary 
D) Liquidated

Question 7

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?

Accepted Answer

The answer of Toyota Automobiles launches a new SUV model.The design...

Question 8

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

Accepted Answer

A) The seller must be engaged in selling the product that allegedly caused harm. 
B) The product may not be in a defective condition but must have caused injury. 
C) The seller must prove that suitable modifications were made to the product in order to avoid liability. 
D) All cases except design-defect ones may be covered under this section.

Question 9

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:

Accepted Answer

A) was engaged in the business of selling the product. 
B) failed to exercise due care. 
C) defectively designed the product. 
D) was in privity of contract with the plaintiff.

Question 10

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

Accepted Answer

A) Product misuse 
B) Assumption of risk 
C) Contributory negligence 
D) Unconscionability

Exam 20: Product Liability