Exam 19: Warranties and Product Liability

The plaintiff in a product liability lawsuit has suffered $100 worth of damages from an automobile accident.A defect in the manufacture of the plaintiff's vehicle is found to be 70 percent responsible for the accident,while the plaintiff's own negligence is 30 percent responsible.Under the doctrine of comparative negligence,how much would the defendant-the manufacturer of the vehicle-have to pay the plaintiff in damages?

All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product.

Failure to warn is a defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.

An implied warranty of fitness for human consumption is a warranty that applies to food or drink consumed on or off the premises of restaurants.

Kirsten just bought a car that had a one-year warranty stating that it covered cost of parts,but not labor.It also stated that the automobile warranty only covered the powertrain part of the automobile,and no other part.What kind of warranty did Kirsten's car have?

Sengreen Inc.is a shipbuilding company that supplies ships and boats for the U.S.Navy.One of its shipments included a defective boat,which collapsed in the middle of a U.S.Navy drill due to its weak sail.Which of the following frees Sengreen from any product liability in this case?

Which of the following is true of an implied warranty of merchantability?

________ is a tort doctrine that makes manufacturers,distributors,wholesalers,retailers,and others in the chain of distribution of a defective product liable for the damages caused by the defect,irrespective of fault.

Leonard had incurred an injury due to a defective product on December 15,2011.He had purchased the defective product on December 15,2010 from Astralibra Inc.The state of his residence has enacted a statute of repose for strict liability to be three years and enforced the doctrine of comparative fault.Leonard decides to sue Astralibra Inc.for strict liability on December 15,2016.Which of the following is true in this scenario?

Firecars Inc.purchases cars from Santeno Automobiles and replaces the engines of these cars with racecar engines to boost the cars' speeds.One of Firecar's customers buys such a car and is injured in the process due to a defect in the car engine.Which of the following defenses can Santeno Automobiles use against a strict liability lawsuit that the customer files against it?

A full warranty is an example of a(n)________.

Which of the following is true of strict liability?

What of the following is true of an "as is" disclaimer?

Anthony buys an electric stove from a home appliance shop that provides him with a complete 48-month warranty.The shop guarantees that the stove will be repaired or replaced for free during this period.This is an example of a(n)________.

Which of the following is true of the Magnuson-Moss Warranty Act?

The Magnuson-Moss Warranty Act requires a seller or lessor to make an express written warranty on all products.

________ doctrine is a doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident.

Which of the following is a similarity between full warranty and limited warranty?

Natura Cosmetics produces a hair color product and discloses its dangerous side effects on the packaging along with the instructions.Natalie purchases the product and follows the instructions of its use correctly after having read about the side effects.She is later injured by the product due to the side effects described by the packaging.She files a strict liability lawsuit against Natura Cosmetics.Which of the following defenses can Natura Cosmetics successfully use against Angela?

A consumer expectation test requires a showing that the product is more dangerous than the ordinary consumer would expect.