Question 1

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 2

Under the doctrine of __________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

Accepted Answer

A)   assumption of risk
B)   comparative negligence
C)   contributory negligence
D)   assumption of harmE) A) and B)
F) C) and D)

Question 3

Strict liability in tort applies only to products,not to services.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A)   Sellers of used goods are not usually held strictly liable for goods sold.
B)   A seller of used goods is strictly liable for defective repairs made by the seller.
C)   A seller of used goods is usually held strictly liable only for inherently dangerous items such as power tools.
D)   A seller of used goods is usually held strictly liable only for inherently dangerous items such as power tools or for defective repairs made by the seller.E) A) and B)
F) C) and D)

Question 5

CASE 10.3James v.Meow Media,Inc.(2002) addressed whether a video game manufacturer was strictly liable for a teenager's shooting spree.What was the court's holding?

Accepted Answer

A)   That the shooting was so aberrant as to be unforeseeable by the video game producer.
B)   That the products were defective.
C)   That the video game manufacturer was liable for the shooting.
D)   That the shooting was so aberrant as to be unforeseeable by the video game producer but also that the products at issue were defective.E) A) and B)
F) A) and C)

Question 6

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) E) A) and D)
F) A) and C)

Question 7

Fred sued Document Security Company,alleging he had suffered injuries to his hands as a result of attempting to fix a jam in one of Document Security's paper shredders.Fred alleged the shredder was defective because it failed to contain warnings regarding the dangers to fingers and hands while attempting to fix jams.In order to succeed,Fred will have to show:

Accepted Answer

A)   all risk of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company.
B)   paper shredders are inherently dangerous products.
C)   his injuries would not have occurred but for the absence of the warnings.
D)   foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company.E) A) and B)
F) C) and D)

Question 8

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

Accepted Answer

A)   design
B)   contractor's
C)   manufacturing
D)   state of the artE) All of the above
F) A) and B)

Question 9

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

Accepted Answer

A)   state-of-the-art
B)   unavoidably unsafe
C)   obvious risk
D)   abnormalE) None of the above
F) A) and B)

Question 10

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Accepted Answer

A) True 
 B)False

Question 11

ThePLIVA,Inc.v.Mensing case discussed in the text,involved theissue 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 US Supreme Court?

Accepted Answer

A)   That federal law did not preempt state law claims for failure to warn.
B)   That federal law preempted state law claims for failure to warn.
C)   That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed.
D)   That federal law preempted state law claims for failure to warn based on negligence but that failure to warn claims based on strict liability could proceed.E) A) and C)
F) A) and D)

Question 12

Because other countries have applied principles of assumption of risk,the U.S.is the only country where the tobacco industry faces legal problems.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is true regarding causation in a failure-to-warn claim?

Accepted Answer

A)   Causation is not an issue so long as the plaintiff can prove that the defendant intentionally refused to warn of known dangers.
B)   Causation is not an issue so long as the plaintiff can prove that the defendant either intentionally refused to warn of known dangers or negligently failed to warn of known dangers.
C)   Cause in fact, but not proximate cause, is required in a failure-to-warn claim.
D)   In an extreme case, a judge may set aside a jury verdict on causation grounds.E) A) and B)
F) B) and D)

Question 14

Following several injuries,a manufacturer of a chain saw installed an additional safety guard.In a lawsuit based on products liability,which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification?

Accepted Answer

A)   That the modification was just recently designed.
B)   That the modification involved a subsequent remedial measure.
C)   That the company was not negligent.
D)   There is no best position because it is well established that the evidence would be admitted.E) A) and C)
F) All of the above

Question 15

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

Accepted Answer

A)   comparative fault
B)   contributory negligence
C)   assumption of risk
D)   both comparative fault and contributory negligenceE) B) and C)
F) B) and D)

Question 16

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

Accepted Answer

A)   Negligence
B)   Breach of warranty
C)   Ultrahazardous activity
D)   Strict liabilityE) None of the above
F) C) and D)

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is true under the UCC regarding the requirement of privity in regard to a breach of warranty action?

Accepted Answer

A)   The UCC limits liability to those in privity with the seller who are injured by the goods.
B)   The UCC extends protection to those in privity with the seller who are injured by the goods and also to those in the buyer's household reasonably expected to use, consume, or be affected by the goods and who are injured by the goods.
C)   The UCC extends protection not only to those in privity with the seller, but also to any person who may reasonably be expected to use, consume or be affected by the goods and who is injured by the goods.
D)   The UCC has alternate provisions regarding the need for privity from which adopting states may choose.E) None of the above
F) A) and C)

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A)   A statute of repose
B)   A recommence statute
C)   A revival statute
D)   None of these choices because any such law would be unconstitutional.E) None of the above
F) B) and D)

Exam 10: Product Liability.

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

Correct Answer
verified

Under the doctrine of __________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

Correct Answer
verified

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.

Correct Answer
verified

Correct Answer
verified

ThePLIVA,Inc.v.Mensing case discussed in the text,involved theissue 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 US Supreme Court?

Correct Answer
verified

Because other countries have applied principles of assumption of risk,the U.S.is the only country where the tobacco industry faces legal problems.

Correct Answer
verified

Strict liability in tort applies only to products,not to services.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Following several injuries,a manufacturer of a chain saw installed an additional safety guard.In a lawsuit based on products liability,which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification?

Correct Answer
verified

Which of the following is true regarding causation in a failure-to-warn claim?

Correct Answer
verified

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

Correct Answer
verified

Which of the following is true under the UCC regarding the requirement of privity in regard to a breach of warranty action?

Correct Answer
verified

CASE 10.3James v.Meow Media,Inc.(2002) addressed whether a video game manufacturer was strictly liable for a teenager's shooting spree.What was the court's holding?

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

Exam 10: Product Liability.

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

Correct AnswerverifiedShow Answer

Under the doctrine of __________,when a person voluntarily and unreasonably assumes the risk of a known danger,the manufacturer is not liable for any resulting injury.

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

ThePLIVA,Inc.v.Mensing case discussed in the text,involved theissue 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 US Supreme Court?

Correct AnswerverifiedShow Answer

Because other countries have applied principles of assumption of risk,the U.S.is the only country where the tobacco industry faces legal problems.

Correct AnswerverifiedShow Answer

Strict liability in tort applies only to products,not to services.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Following several injuries,a manufacturer of a chain saw installed an additional safety guard.In a lawsuit based on products liability,which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification?

Correct AnswerverifiedShow Answer

Which of the following is true regarding causation in a failure-to-warn claim?

Correct AnswerverifiedShow Answer

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

Correct AnswerverifiedShow Answer

Which of the following is true under the UCC regarding the requirement of privity in regard to a breach of warranty action?

Correct AnswerverifiedShow Answer

CASE 10.3James v.Meow Media,Inc.(2002) addressed whether a video game manufacturer was strictly liable for a teenager's shooting spree.What was the court's holding?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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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.

Correct Answer
verified

Correct Answer
verified