Exam 19: Warranties and Product Liability

Which of the following is true of a statement of opinion?

Written disclaimers must be conspicuously displayed to be valid.

Angela buys a paper shredder from Pencila Stationeries.She attempts to cut her hair short using the paper shredder and is injured in the process.She files a strict liability lawsuit against Pencila Stationeries.Which of the following defenses can Pencila Stationeries successfully use against Angela?

In the course of swerving to avoid another vehicle,Eugene accidentally rammed his car into a tree.While the initial blow did not injure him,he was involved in a "second collision." which resulted from Eugene banging his head against the dashboard.Eugene sued the manufacturer of his car for strict liability.Which of the following doctrines does the court adopt with regard to Eugene's lawsuit?

Which of the following statements is true about strict liability?

Casual sales and transactions by nonmerchants are covered by the doctrine of strict liability.

Alan buys a toaster from a retail store where he is promised by the salesperson that the toaster will operate optimally for two years at the least.The salesman's assurance is an example of a(n)________.

Strict liability requires privity of contract between the plaintiff and the defendant.

Differentiate between the doctrines of strict liability and negligence.

Which of the following is evaluated using a risk-utility analysis?

Strict liability requires the injured person to prove that the defendant breached a duty of care.

The term ________ refers to the doctrine which applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.

Strict liability can be disclaimed.

________ refers to monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Mark goes to Tony's Lumber Yard to buy some lumber to build a new roof for his cabin.Mark tells Tony,the lumber yard owner,to provide him an exact type of wood that can resist the wood decay caused due to the damp environment around the cabin.Mark buys the lumber after Tony assures him that the wood is exactly what Mark is looking for.But the dampness affects the wood and it caves in.What warranty has Tony explicitly breached by not providing Mark the lumber he needed?

To recover for strict liability,the injured party must show that the product that caused the injury was somehow defective.

To assert ________ as a defense,the defendant must prove that the plaintiff knew and appreciated the danger inherent in the product.

A statement that negates express and implied warranties is known as a ________.

Compare and contrast the doctrines of contributory and comparative negligence.

Sam expresses interest in buying a motorbike from Jake,a salesman.In an attempt to force a sale,Jake promises Sam that the motorbike in question is capable of providing a mileage of 70 miles for every gallon of gas in its tank.Jake's promise is an example of ________.