QuestionQuestion 1Which of the following is not a theory on which a product liability claim can be based?

01 May QuestionQuestion 1Which of the following is not a theory on which a product liability claim can be based?

Question
Question 1
Which of the following is not a theory on which a product liability claim can be based?

Negligence.

Breach of warranty.

Ultrahazardous activity.

Strict liability.
5 points

Question 2
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.

statute of limitations

statute of repose

revival statute

statute of resolution
5 points

Question 3
If the societal value of an inherently dangerous product outweighs the risk of harm from its use, it is known as a(n) ________ product.

state-of-the-art

unavoidably unsafe

obvious risk

abnormal
5 points

Question 4
Sam wants to sue a book publisher based on strict product liability in tort because he became ill after eating food he prepared based on a book containing information regarding herbs that were safe for consumption. Which of the following is the publisher’s best defense?

That the information in the book was akin to a specialized instrument and, therefore, not subject to strict liability.

That the information contained in the book was not a good subject to strict liability.

That the injury stemmed from food which is not considered subject to strict liability.

There is no good defense, and the publisher should settle.
5 points

Question 5
Which of the following members of the chain of distribution cannot be strictly liable in a products lawsuit?

The manufacturer.

The wholesaler.

The retailer.

The occasional seller.
5 points

Question 6
Which of the following is true regarding computer software is considered a product subject to state product liability law?

Courts examining the issue have ruled that computer software is a product subject to state product liability law.

Courts examining the issue have ruled that computer software is not a product subject to state product liability law.

Courts examining the issue have reached varying results regarding whether computer software is a product subject to state product liability law.

Courts examining the issue have found that computer software is a product subject to state product liability law only if the software is marketed to children.
5 points

Question 7
Polly buys a new iron and uses it for a few months without incident. She was surprised, however, when one day the iron gave her a significant shock. She suffered no lasting damages, but did have some pain from the incident. A few weeks later she read in the newspaper that the manufacturer had known for over a year about the iron’s propensity to shock users, but had refused to take recall measures. She also read that some users had been severely shocked. Polly was outraged but wondered if she could sue because she really did not have significant injuries. Which of the following would be an advantageous type of action with which Polly should become associated?

A unified action

A class action

A remedial action

A compensatory action
5 points

Question 8
Polly buys a new iron and uses it for a few months without incident. She was surprised, however, when one day the iron gave her a significant shock. She suffered no lasting damages, but did have some pain from the incident. A few weeks later she read in the newspaper that the manufacturer had known for over a year about the iron’s propensity to shock users, but had refused to take recall measures. She also read that some users had been severely shocked. Polly was outraged but wondered if she could sue because she really did not have significant injuries. What type of damages would likely give Polly the most significant recovery?

Punitive

Compensatory

Nominal

Benefit of the bargain
5 points

Question 9
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.

market-share approach

product-line theory

traditional successor liability rule

continuity-of-enterprise approach
5 points

Question 10
Which of the following is true under the UCC regarding the requirement of privity in regard to a breach of warranty action?

The UCC limits liability to those in privity with the seller who are injured by the goods.

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.

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.

The UCC has alternate provisions regarding the need for privity from which adopting states may choose.
5 points

Question 11
Which of the following is true regarding causation in a failure-to-warn claim?

Causation is not an issue so long as the plaintiff can prove that the defendant intentionally refused to warn of known dangers.

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.

Cause in fact, but not proximate cause, is required in a failure-to-warn claim.

In an extreme case, a judge may set aside a jury verdict on causation grounds.
5 points

Question 12
A ________ defect occurs when, even though the product is manufactured according to specifications, it is unreasonably dangerous to users.

design

contractor’s

manufacturing

state of the art
5 points

Question 13
Which of the following was the result in Pliva, Inc. v. Mensing, the case in the text before the U.S. Supreme Court involving 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?

That federal law did not preempt state law claims for failure to warn.

That federal law preempted state law claims for failure to warn.

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.

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.
5 points

Question 14
Which of the following is not a rationale of strict product liability?

Manufacturers should not escape liability simply because they typically do not sign a formal contract with the end-user.

The law should protect consumers against unsafe products.

Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally.

Manufacturers and sellers of products are in the best position to bear the costs of injuries caused by their products.
5 points

Question 15
Sally purchased a used toaster at a yard sale. The seller told Sally that although the toaster was over ten years old, she had not had any problems with it. Sally takes the toaster home and uses if for a few months. One day, however, as Sally was using the toaster, it malfunctioned and caused a small fire in Sally’s kitchen along with significant smoke damage. Sally decides that she wants to sue the manufacturer of the toaster and that she is going to 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 Sally?

The statute of limitations

The statute of repose

The fact that Sally bought the toaster at a yard sale, not from a recognized retailer

There would be no viable defense.
5 points

Question 16
Which state court was the first to adopt the doctrine of strict product liability?

New York.

Michigan.

California.

Pennsylvania.
5 points

Question 17
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.

comparative fault

contributory negligence

assumption of risk

both comparative fault and contributory negligence
5 points

Question 18
In Ramirez v. Plough, Inc., the case in the text involving the provision of warnings for non-English-speaking Hispanics, the California Supreme Court held that a manufacturer of nonprescription drugs has a duty to warn purchasers about the dangers of its products in ______.

English only.

English and Spanish.

English, Spanish, and Chinese.

All spoken languages in California.
5 points

Question 19
What was the result in James v. Meow Media Inc., the case in the text addressing whether a video game manufacturer was strictly liable for a teenager’s shooting spree?

That the shooting was so aberrant as to be unforeseeable by the video game producer.

That the products were defective.

That the video game manufacturer was liable for the shooting.

That the shooting was so aberrant as to be unforeseeable by the video game producer but also that the products at issue were defective.
5 points

Question 20
If a product valuable to society is unavoidably unsafe, the ________ determines whether the dangerous product is also defective.

adequacy of the warning label

obviousness of the risk

care in design and manufacture

extent of the danger