Question 1

What must Yvonne prove to succeed in a strict-liability action?

Accepted Answer

A)  The product was unreasonably dangerous and caused her injury.
B)  The product was defective,unreasonably dangerous,and caused her injury.
C)  The defendant's negligence caused her injury.
D)  The product was defective,failed to contain warnings,was unreasonably dangerous,and caused her injury.
E)  The product was defective when sold,the product was unreasonably dangerous,and the product caused her injury.F) A) and B)
G) D) and E)

Question 2

In Scandinavian countries,manufacturers,producers,and importers of similar products form cooperative groups and obtain a product liability insurance policy.These types of insurance groups are called ________.

Accepted Answer

A)  Bonded insurance groups.
B)  Scandinavian insurance groups.
C)  Product liability insurance groups.
D)  Collective insurance groups.
E)  Product insurance groups.F) A) and E)
G) B) and E)

Question 3

What is the term used by courts for testimony by researchers that includes biased data,spurious inferences,data dredging,and sometimes fraud?

Accepted Answer

A)  Biased science.
B)  Expert testimony.
C)  Junk science.
D)  Dredging.
E)  Circumstantial evidence.F) B) and D)
G) None of the above

Question 4

[Squirt Gun Mishap] Marie decided to purchase a large squirt gun for her son,Alex,to use while playing in the pool.The squirt gun was of the very elaborate variety and had a number of different attachments for different sprays of water.The squirt gun came with instructions for assembly and use,and provided warnings against various types of misuse.The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision,that it must not be used by children under 11 years old,and that nothing should be put into the squirt gun except water.Alex had a party for his tenth birthday at the pool.A number of children came.A guest,Sophie,age 10,decided to load pebbles along with water into the gun.She began shooting the gun and hit Rachel,another guest,in the eye,requiring treatment at an emergency room.Rachel required some minor surgery,but sustained no permanent injury.Rachel's parents stated that they looked at the squirt gun when they initially arrived at the party,but did not notice any warnings affixed directly to the product.Rachel's parents want to sue someone for something,but they do not particularly want to sue Marie,their friend and hostess of the party.
-Which statement is true regarding a lawsuit brought by Rachel's parents against the manufacturer of the squirt gun for negligence?

Accepted Answer

A)  Although privity of contract is not an issue,Rachel's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet.
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 a negligence action because Rachel did not sustain permanent physical injury.
D)  Privity of contract is not necessary in order to sue for negligence so the fact that neither Rachel nor her parents were in privity of contract with the seller would not prevent a negligence-based action.
E)  Because neither Rachel nor her parents were in privity of contract with the seller,no one other than Marie may be sued for negligence.F) A) and D)
G) B) and C)

Question 5

How can a plaintiff prove that a defect exists in a product?

Accepted Answer

A)  Through the introduction of expert testimony,which is always required,and sometimes circumstantial evidence.
B)  Through evidence other than expert testimony,which is never reliable because experts are paid.
C)  Through the introduction of expert testimony only.
D)  Through the introduction of expert testimony and/or circumstantial evidence.
E)  Through the introduction of both expert testimony and circumstantial evidence.F) C) and E)
G) B) and E)

Question 6

Cutco believes it is not liable under the state-of-the-art defense.Is Cutco likely to be correct?

Accepted Answer

A)  Yes,if CutCo can prove its behavior was reasonable,given the available scientific knowledge existing at the time the product was sold or produced.
B)  Yes,if Cutco can prove it was not technologically feasible to produce a safe product at the time the product was produced.
C)  No,the state-of-the-art defense is not available in most strict liability cases.
D)  No,if the plaintiffs can prove CutCo's behavior was unreasonable.
E)  Yes,if CutCo can prove the benefits of the product outweighed the risks posed by the defect in the product design.F) D) and E)
G) B) and E)

Question 7

The doctrine of teaches that an accident that is unlikely to occur unless the defendant was negligent is itself circumstantial evidence that the defendant was negligent.

Accepted Answer

A)  Comparative negligence
B)  Ipso Facto
C)  Res ipsa loquitur.
D)  Negligence per se.
E)  Strict liability.F) A) and B)
G) B) and D)

Question 8

Which statement is true regarding any assertion by Rachel's parents that a warning should have been affixed to the product itself to warn adults as well as children?

Accepted Answer

A)  Most state laws provide that manufacturers are not required to affix warnings directly to a product.
B)  If parties other than the original purchasers will likely use the product,a warning should be placed directly on the product itself.
C)  Court cases hold that warnings on a product are not required so long as the purchaser is given an instructional pamphlet setting forth warnings.
D)  There is a federal law that provides that manufacturers are not required to affix warnings directly to a product.
E)  Rachel's parents cannot complain because they did not purchase the squirt gun.F) B) and E)
G) B) and D)

Question 9

Section 402A of the Restatement Second) of Torts addresses which theory of liability?

Accepted Answer

A)  Breach of warranty.
B)  Preemption.
C)  Assumption of the risk.
D)  Negligence.
E)  Strict product liability.F) B) and D)
G) A) and B)

Question 10

Which of the following entities are considered foreseeable plaintiffs in product liability cases?

Accepted Answer

A)  Users,consumers and bystanders.
B)  Users but not consumers or bystanders.
C)  Users and consumers but not bystanders.
D)  The purchaser only.
E)  The purchaser and the purchaser's immediate family only.F) C) and E)
G) B) and C)

Question 11

Which of the following is not a factor that a trial court may find helpful when balancing a product's utility against the risk the product creates,as set forth in the text from the Sperry-New Holland v.Prestage case?

Accepted Answer

A)  the availability of a substitute product that would meet the same need and not be as unsafe
B)  the manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility
C)  the usefulness and desirability of the product
D)  the product's design,look and feel
E)  the product's safety aspectsF) C) and D)
G) B) and D)

Question 12

If a manufacturer fails to provide adequate warnings about potential dangers associated with a product,the product may be found defective.

Accepted Answer

A) True 
 B)False

Question 13

The breach of warranty theory of liability is established in the ________.

Accepted Answer

A)  The Federal Commercial Code.
B)  The Restatement Third) of Torts.
C)  The Uniform Commercial Code.
D)  The Federal Contract Guide.
E)  The Restatement Second) of Torts.F) A) and D)
G) A) and B)

Question 14

Product liability law is based primarily on ________.

Accepted Answer

A)  Administrative law.
B)  Corporate law.
C)  International law.
D)  Contract law.
E)  Tort law.F) All of the above
G) C) and D)

Question 15

A defendant who acts in compliance with federal laws may argue that state tort law is ________ by a federal statute designed to ensure the safety of a particular class of products.

Accepted Answer

A)  Refuted
B)  Extinguished
C)  Upheld
D)  Complimented
E)  PreemptedF) B) and C)
G) A) and D)

Question 16

The state-of-the-art defense is not available in all states in strict liability cases.

Accepted Answer

A) True 
 B)False

Question 17

Under the market share theory,one of the elements courts generally require is proof that the allegedly harmful products are ________.

Accepted Answer

A)  produced in the same way by all of the defendant-manufacturers.
B)  identical in nature.
C)  produced by the same manufacturer.
D)  identical and share the same defective qualities.
E)  produced in the same facility.F) A) and E)
G) A) and B)

Question 18

Can Alessia sue only ColorCo,the largest lead paint manufacturer who manufactured the type of paint in her home,even though there are other paint manufacturers who produced an identical defective product?

Accepted Answer

A)  Yes,only if she can prove the defendant sold lead paint in her area.
B)  No,she must sue all manufacturers of lead paint.
C)  Yes,at least one court has held the plaintiff need sue only one maker of the allegedly defective product and the defendant may join other defendants to the suit.
D)  Yes,because the defendant was probably the one who sold the paint.
E)  No,she must sue all manufacturers who may have produced the paint in her home.F) B) and D)
G) None of the above

Question 19

When an individual product has a defect making it more dangerous than identical products,that individual product is said to have which of the following defects?

Accepted Answer

A)  Design.
B)  Exclusionary.
C)  Primary.
D)  Warning.
E)  Manufacturing.F) B) and E)
G) B) and C)

Question 20

Kobi was thrilled about his first new vehicle purchase.He borrowed funds from his bank with which to purchase the car.Unfortunately,just a few days after he purchased the vehicle,the pistons in the engine overheated causing the engine to seize and rendering the vehicle unusable.No one was injured,but Kobi is very upset about his vehicle and plans to sue.Which of the following is the most likely resolution of his claim?

Accepted Answer

A)  He will be allowed to proceed only if he can establish that he did appropriate research prior to purchasing the vehicle and had no reason to know that it was likely to be defective.
B)  He will be allowed to proceed if his sales contract contains a disclaimer that includes the word merchantability.
C)  He will be allowed to proceed so long as he is up-to-date on his loan payments.
D)  He will not be allowed to proceed because the only avenue for this type of claim is through a negligence action.
E)  He will be allowed to proceed because the vehicle was in a defective condition.F) None of the above
G) B) and C)

Exam 10: Product Liability

Which of the following is not a factor that a trial court may find helpful when balancing a product's utility against the risk the product creates,as set forth in the text from the Sperry-New Holland v.Prestage case?

Correct Answer
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The breach of warranty theory of liability is established in the ________.

Correct Answer
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Correct Answer
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Correct Answer
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Section 402A of the Restatement Second) of Torts addresses which theory of liability?

Correct Answer
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Under the market share theory,one of the elements courts generally require is proof that the allegedly harmful products are ________.

Correct Answer
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What is the term used by courts for testimony by researchers that includes biased data,spurious inferences,data dredging,and sometimes fraud?

Correct Answer
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Which of the following entities are considered foreseeable plaintiffs in product liability cases?

Correct Answer
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The state-of-the-art defense is not available in all states in strict liability cases.

Correct Answer
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Cutco believes it is not liable under the state-of-the-art defense.Is Cutco likely to be correct?

Correct Answer
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Which statement is true regarding any assertion by Rachel's parents that a warning should have been affixed to the product itself to warn adults as well as children?

Correct Answer
verified

If a manufacturer fails to provide adequate warnings about potential dangers associated with a product,the product may be found defective.

Correct Answer
verified

Can Alessia sue only ColorCo,the largest lead paint manufacturer who manufactured the type of paint in her home,even though there are other paint manufacturers who produced an identical defective product?

Correct Answer
verified

Product liability law is based primarily on ________.

Correct Answer
verified

What must Yvonne prove to succeed in a strict-liability action?

Correct Answer
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In Scandinavian countries,manufacturers,producers,and importers of similar products form cooperative groups and obtain a product liability insurance policy.These types of insurance groups are called ________.

Correct Answer
verified

A defendant who acts in compliance with federal laws may argue that state tort law is ________ by a federal statute designed to ensure the safety of a particular class of products.

Correct Answer
verified

When an individual product has a defect making it more dangerous than identical products,that individual product is said to have which of the following defects?

Correct Answer
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How can a plaintiff prove that a defect exists in a product?

Correct Answer
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The doctrine of teaches that an accident that is unlikely to occur unless the defendant was negligent is itself circumstantial evidence that the defendant was negligent.

Correct Answer
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Exam 10: Product Liability

Which of the following is not a factor that a trial court may find helpful when balancing a product's utility against the risk the product creates,as set forth in the text from the Sperry-New Holland v.Prestage case?

Correct AnswerverifiedShow Answer

The breach of warranty theory of liability is established in the ________.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Section 402A of the Restatement Second) of Torts addresses which theory of liability?

Correct AnswerverifiedShow Answer

Under the market share theory,one of the elements courts generally require is proof that the allegedly harmful products are ________.

Correct AnswerverifiedShow Answer

What is the term used by courts for testimony by researchers that includes biased data,spurious inferences,data dredging,and sometimes fraud?

Correct AnswerverifiedShow Answer

Which of the following entities are considered foreseeable plaintiffs in product liability cases?

Correct AnswerverifiedShow Answer

The state-of-the-art defense is not available in all states in strict liability cases.

Correct AnswerverifiedShow Answer

Cutco believes it is not liable under the state-of-the-art defense.Is Cutco likely to be correct?

Correct AnswerverifiedShow Answer

Which statement is true regarding any assertion by Rachel's parents that a warning should have been affixed to the product itself to warn adults as well as children?

Correct AnswerverifiedShow Answer

If a manufacturer fails to provide adequate warnings about potential dangers associated with a product,the product may be found defective.

Correct AnswerverifiedShow Answer

Can Alessia sue only ColorCo,the largest lead paint manufacturer who manufactured the type of paint in her home,even though there are other paint manufacturers who produced an identical defective product?

Correct AnswerverifiedShow Answer

Product liability law is based primarily on ________.

Correct AnswerverifiedShow Answer

What must Yvonne prove to succeed in a strict-liability action?

Correct AnswerverifiedShow Answer

In Scandinavian countries,manufacturers,producers,and importers of similar products form cooperative groups and obtain a product liability insurance policy.These types of insurance groups are called ________.

Correct AnswerverifiedShow Answer

A defendant who acts in compliance with federal laws may argue that state tort law is ________ by a federal statute designed to ensure the safety of a particular class of products.

Correct AnswerverifiedShow Answer

When an individual product has a defect making it more dangerous than identical products,that individual product is said to have which of the following defects?

Correct AnswerverifiedShow Answer

How can a plaintiff prove that a defect exists in a product?

Correct AnswerverifiedShow Answer

The doctrine of teaches that an accident that is unlikely to occur unless the defendant was negligent is itself circumstantial evidence that the defendant was negligent.

Correct AnswerverifiedShow Answer

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