B) False
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A) Although privity of contract is not an issue,Rachel's parents would be unable to prevail in a strict liability action because Rachel did not sustain permanent physical injury.
B) Rachel's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.
C) Although privity of contract is not an issue,Rachel's parents would be unable to prevail in an action against the manufacturer for strict liability because they did not read the instruction booklet.
D) Because neither Rachel nor her parents were in privity of contract with the seller,a lawsuit based on strict liability in tort is barred.
E) Privity of contract is not necessary in order to sue based on strict liability,so the fact that neither Rachel nor her parents were in privity of contract with the seller would not prevent a strict liability-based action.
G) B) and E)
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Many courts find that there is no duty t...View Answer
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A) That a plaintiff must show that a retailer failed to do a proper risk-utility analysis before the plaintiff can recover against the retailer.
B) That a product is unreasonably dangerous if a reasonable person would conclude that the danger-in-fact,whether foreseeable or not,outweighs the utility of product.
C) That a plaintiff must show that a manufacturer failed to do a proper risk-utility analysis before the plaintiff can recover against the manufacturer.
D) That a reasonable person must conclude that the use-in-fact of a product outweighs the risk-utility of the product.
E) That if the plaintiff,applying the knowledge of an ordinary consumer,sees a danger and can appreciate that danger,then he cannot recover for any injury resulting from that appreciated danger.
G) A) and E)
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B) False
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A) Strict product liability,negligence per se,and breach of express warranty.
B) Negligence per se,and breach of implied warranty.
C) Negligence per se and negligence.
D) Negligence,strict product liability,and breach of warranty.
E) Breach of warranty,negligence,and negligence per se.
G) A) and B)
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B) False
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A) Trained technician
B) Unharmed user
C) Sophisticated-user
D) Knowledgeable user
E) Workers' compensation
G) D) and E)
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A) Compensatory damages and punitive damages may be recovered.
B) Compensatory damages may be recovered,but punitive damages may not be recovered.
C) Compensatory damages or punitive damages may be recovered,but not both.
D) Punitive damages may be recovered,but compensatory damages may not be recovered.
E) Manufacturing damages may be recovered in place of compensatory damages and punitive damages,and administrative damages may be recovered.
G) A) and E)
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A) When the subject matter involves scientific knowledge and the expert is qualified.
B) When the knowledge is relevant and the expert is qualified.
C) When the subject matter involves specialized knowledge;the knowledge is relevant,reliable,and helpful;and the expert is qualified.
D) When the subject matter involves scientific or technical knowledge and the knowledge is relevant.
E) When the subject matter is relevant and the expert is qualified.
G) None of the above
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A) The doctrine of negligence per se is applicable to product liability cases only if the cases are based on failure to warn.
B) The doctrine of negligence per se is applicable to product liability cases only if the cases are based on manufacturing defect.
C) The doctrine of negligence per se is applicable to product liability cases only if the cases are based on design defect.
D) The doctrine of negligence per se is never available in product liability cases.
E) The doctrine of negligence per se is also applicable to product liability cases based on negligence.
G) A) and C)
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A) State law across the country is generally uniform concerning what proof is required to establish a design defect.
B) States are not in agreement concerning what proof is required to establish a design defect.
C) State law is irrelevant because federal law dictates what proof is required to establish a design defect.
D) Each local county in each state determines what proof is required to establish a design defect.
E) Because of the amount of international trade,there are international treaties establishing for each U.S.state concerning what proof is required to establish a design defect.
G) A) and D)
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A) No,because no duty to warn exists for dangers arising either from unforeseeable misuses of a product or from obvious dangers.
B) Yes,under the bystander theory.
C) Yes,because the scissor did not warn of the hazards of running with scissors.
D) Yes,because the warning should have at least contained a picture warning.
E) Yes,because CutCo should have known that without a warning,the product would be dangerous in its ordinary use.
G) A) and D)
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A) That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product,whether foreseeable or not,outweighs the utility of the product.
B) That if the plaintiff,applying the knowledge of an ordinary consumer,sees the danger and can appreciate that danger,then he cannot recover for any injury resulting from that appreciated danger.
C) That a plaintiff may only recover if consumer oriented household goods are involved.
D) That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury.
E) That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance,that the manufacturer did have insurance of the type to cover the injury at issue,and that the plaintiff had no part in causing the injury.
G) D) and E)
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A) Warnings are only required for minors above the age of twelve because it is assumed that children under that age will not be able to comprehend warnings.
B) There is a duty to warn when children are involved,but it is no different from the duty to warn when only adults are expected to use a product.
C) Warnings are only required for children whose parents actually purchased the product.
D) Picture warnings could be required if children are likely come into contact with the product and risk harm from its use.
E) There is no duty to warn when children are involved because it is assumed that parents are responsible.
G) C) and D)
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The plaintiff must prove 1)that the prod...View Answer
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A) Reasonable behavior defense.
B) Assumption of the risk.
C) Scientific knowledge doctrine.
D) Reasonable manufacturer defense.
E) State-of-the-art defense.
G) C) and D)
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B) False
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A) The appellate court reversed the award because consumers were harmed only when they misused the product.
B) The appellate court affirmed the award,even though the product was misused.
C) The appellate court affirmed the award against R.J.Reynolds Tobacco,which before 1969 had negligently failed to warn smokers of the harm associated with smoking cigarettes.
D) The appellate court reversed the award because harm from smoking cigarettes was unforeseeable.
E) The appellate court reversed the award,finding the company had no duty to warn smokers of the harm associated with smoking cigarettes.
G) A) and E)
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The three commonly used theories of reco...View Answer
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