Question 1

If a product valuable to society is unavoidably unsafe,the __________ determines whether the dangerous product is also defective.

Accepted Answer

A)   adequacy of the warning label
B)   obviousness of the risk
C)   care in design and manufacture
D)   extent of the danger A

Question 2

A design defect may result from the manufacturer's choice of the product's materials.

Accepted Answer

A) True 
 B)False  True

Question 3

Most states in the United States have adopted strict product liability whereby an injured person may recover damages by showing that a defendant was negligent.

Accepted Answer

A) True 
 B)False  False

Question 4

In no states are a plaintiff's damages reduced by comparative fault on the part of the plaintiff's negligence.

Accepted Answer

A) True 
 B)False

Question 5

To prove __________ in a product liability case,the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.

Accepted Answer

A)   negligence
B)   strict liability
C)   breach of warranty
D)   defect

Question 6

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

Accepted Answer

A)   Discovery-of-injury statutes
B)   Statutes of limitation
C)   Useful life statutes
D)   Statutes of repose

Question 7

In 1963,the state of __________ became the first state to adopt the __________ theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

Accepted Answer

A)   California; strict product liability
B)   California; product negligence
C)   New York; strict liability
D)   Florida; breach of warranty

Question 8

A few years ago Bennie purchased some medication through a veterinarian for an aging pet iguana,Scales,who had a skin disease.Scales died a few months after beginning the medication.At the time of the death,Bennie thought that Scales had died of natural causes.Bennie later read in the newspaper that a number of reptilian-type animals had been harmed by the drug Scales ingested.Immediately Bennie talked to Scale's veterinarian who admitted the medication was most likely harmful to Scales,it was manufactured by a number of different manufacturers,and there is no way to determine the exact manufacturer of the medication given to Scales.Which of the following is Bennie's best chance at recovery?

Accepted Answer

A)   Market-share liability
B)   Joint and several liability
C)   Product-line theory
D)   Continuity theory

Question 9

On a failure-to-warn claim,adequate warnings and instructions for a product's safe use can shield a manufacturer from liability for a:

Accepted Answer

A)   properly manufactured and designed product.
B)   defectively designed product.
C)   defectively manufactured product.
D)   properly manufactured and designed product or defectively designed product.

Question 10

CASE 10.2 Branham v.Ford Motor Co.(2010)was reversed and remanded for a new trial,with plaintiff ordered to prove the __________ approach,after the court adopted the __________ regarding defective product claims.

Accepted Answer

A)   unavoidably safe product; Restatement (Third) 
B)   inadequate warnings; Restatement (Third) 
C)   reasonable alternative design; Restatement (Third) 
D)   reasonable alternative design; Restatement (Fourth)

Question 11

Lack of cohesiveness does not affect certification for class action in product liability cases.

Accepted Answer

A) True 
 B)False

Question 12

Explain what a manufacturer of products under contract to the government must show in order to avoid product liability based on the government-contractor defense along with the rationale for the government-contractor defense.

Accepted Answer

The answer of Explain what a manufacturer of products under...

Question 13

ABC Company manufactures a contraption meant to enable a rider to fly behind a ski boat.After a few months,ABC begins to hear of injuries when riders crash into water or boats.In hopes of escaping liability,the president of ABC Company decides to discontinue business and sell all assets to XYZ Company.The president of XYZ Company is excited to purchase the assets at a bargain price and help ABC avoid liability based upon the assertion of the president of ABC that XYZ cannot legally be held liable for the flying accidents.Which of the following is true in a majority of states applying the traditional successor liability rule?

Accepted Answer

A)   XYZ Company will not be held liable for the accidents so long as there is no contractual agreement by which it agrees to accept liability.
B)   XYZ Company will only be held liable if it continues to manufacture the same product lines as ABC.
C)   XYZ Company will only be held liable if it keeps the same tax number as ABC Company.
D)   XYZ Company will likely be held liable for the accidents based upon the transaction being entered into wrongfully in order for ABC Company to escape liability.

Question 14

Under federal law a retailer who had no role in the manufacture of a defective good may not be held liable to a consumer injured by the good.

Accepted Answer

A) True 
 B)False

Question 15

An unusual use that is reasonably foreseeable may be considered a normal use of a product.

Accepted Answer

A) True 
 B)False

Question 16

Scuba manufacturer designs and sells the best scuba gear on the market.All industry and governmental standards are met,and there is no better technologically feasible design than that used by the manufacturer.There had been no previous problems with the gear,but on one unfortunate day,the breathing apparatus on a unit malfunctioned,resulting in a diver needing medical care.Assuming recognition in the jurisdiction involved,which of the following is the best defense to a lawsuit alleging a design defect brought by the diver?

Accepted Answer

A)   Comparative fault
B)   Assumption of the risk
C)   State-of-the-art
D)   Ultrahazardous activity

Question 17

CASE 10.3 Savage Arms,Inc.v.Western Auto Supply Co.(2001)addressed the issue of whether a company be held liable for personal injury caused by a defect in the product purchased as assets as part of another company.How did the court rule?

Accepted Answer

A)   The case was remanded for a determination of whether the acquisition of assets met the requirements for either the "mere continuation" or "continuity of enterprise" theory of successor liability.
B)   The court ruled that the sale of assets precluded indemnification on the part of Western Auto Supply Co.
C)   The court ruled that permitting successor liability under the "continuity of enterprise" exception would discourage large-scale transfers and allowed Western Auto to recover from Savage Arms.
D)   The court threw out the earlier judgment for the original plaintiff's suit for recovery based on reasonable use of the rifle and assumption of risks.

Question 18

A __________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

Accepted Answer

A)   statute of limitations
B)   statute of repose
C)   revival statute
D)   statute of resolution

Question 19

A statute of __________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.

Accepted Answer

A)   limitations
B)   repose
C)   recovery
D)   discovery

Question 20

List and describe the common law defenses in a product liability case.

Accepted Answer

The answer of List and describe the common law defenses...

Exam 10: Product-Liability

If a product valuable to society is unavoidably unsafe,the __________ determines whether the dangerous product is also defective.

A design defect may result from the manufacturer's choice of the product's materials.

Most states in the United States have adopted strict product liability whereby an injured person may recover damages by showing that a defendant was negligent.

In no states are a plaintiff's damages reduced by comparative fault on the part of the plaintiff's negligence.

To prove __________ in a product liability case,the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

In 1963,the state of became the first state to adopt the theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

On a failure-to-warn claim,adequate warnings and instructions for a product's safe use can shield a manufacturer from liability for a:

CASE 10.2 Branham v.Ford Motor Co.(2010) was reversed and remanded for a new trial,with plaintiff ordered to prove the approach,after the court adopted the regarding defective product claims.

Lack of cohesiveness does not affect certification for class action in product liability cases.

Explain what a manufacturer of products under contract to the government must show in order to avoid product liability based on the government-contractor defense along with the rationale for the government-contractor defense.

Under federal law a retailer who had no role in the manufacture of a defective good may not be held liable to a consumer injured by the good.

An unusual use that is reasonably foreseeable may be considered a normal use of a product.

CASE 10.3 Savage Arms,Inc.v.Western Auto Supply Co.(2001) addressed the issue of whether a company be held liable for personal injury caused by a defect in the product purchased as assets as part of another company.How did the court rule?

A __________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

A statute of __________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.

List and describe the common law defenses in a product liability case.

Exam 10: Product-Liability

If a product valuable to society is unavoidably unsafe,the __________ determines whether the dangerous product is also defective.

A design defect may result from the manufacturer's choice of the product's materials.

Most states in the United States have adopted strict product liability whereby an injured person may recover damages by showing that a defendant was negligent.

In no states are a plaintiff's damages reduced by comparative fault on the part of the plaintiff's negligence.

To prove __________ in a product liability case,the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product?

In 1963,the state of __________ became the first state to adopt the __________ theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

On a failure-to-warn claim,adequate warnings and instructions for a product's safe use can shield a manufacturer from liability for a:

CASE 10.2 Branham v.Ford Motor Co.(2010) was reversed and remanded for a new trial,with plaintiff ordered to prove the __________ approach,after the court adopted the __________ regarding defective product claims.

Lack of cohesiveness does not affect certification for class action in product liability cases.

Explain what a manufacturer of products under contract to the government must show in order to avoid product liability based on the government-contractor defense along with the rationale for the government-contractor defense.

Under federal law a retailer who had no role in the manufacture of a defective good may not be held liable to a consumer injured by the good.

An unusual use that is reasonably foreseeable may be considered a normal use of a product.

CASE 10.3 Savage Arms,Inc.v.Western Auto Supply Co.(2001) addressed the issue of whether a company be held liable for personal injury caused by a defect in the product purchased as assets as part of another company.How did the court rule?

A __________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

A statute of __________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.

List and describe the common law defenses in a product liability case.

In 1963,the state of became the first state to adopt the theory,after the state supreme court decided the Greenman v.Yuba Power Products case.

CASE 10.2 Branham v.Ford Motor Co.(2010) was reversed and remanded for a new trial,with plaintiff ordered to prove the approach,after the court adopted the regarding defective product claims.