Exam 19: Warranties and Product Liability

Which of the following is a similarity between the doctrines contributory negligence and comparative negligence?

The Magnuson-Moss Warranty Act governs commercial and industrial transactions.

The ________ is a federal statute,passed in 1975,that regulates written warranties on consumer products.

Clive buys a rifle from Greenwood Defense and goes hunting.During the hunting expedition,he accidentally shoots himself in the foot.Given that Greenwood Defense supplies to private individuals only,which of the following defenses can Greenwood Defense use against a strict liability lawsuit that Clive files against it?

The doctrine of strict liability applies to sellers and lessors of products who are engaged in the business of selling and leasing products.

Aclusia Seacrafts manufactures motorboats based on a poorly assembled prototype of a motorboat.It ships these substandard motorboats to its retailers.Which of the following will consumers injured by such motorboats cite as a defect in a strict liability lawsuit against Aclusia Seacrafts?

A warranty that arises when a seller or lessor warrants that the goods will meet the buyer's or lessee's expressed needs is called implied warranty of fitness for a particular purpose.

What type of transaction is covered under the Magnuson-Moss Warranty Act?

For a warranty to qualify as a full warranty,the warrantor must guarantee that a defective product will be repaired or replaced free during the warranty period.

Liam has incurred injury due to a defective product on December 15,2011.He purchased the defective product on December 15,2010 from Bluestone Inc.The state of his residence has enacted a statute of limitations for strict liability to be three years and enforced the doctrine of comparative fault.Which of the following would be the last date that Liam can sue Bluestone?

Is the crashworthiness doctrine a reasonable practice to adopt by a court?

Discuss the legal issues surrounding making a statement of opinion.

Kicker's,Inc.released a new kind of candy bar,but failed to mention on the packaging that the bar contains gluten and nuts.Consequently,many consumers who are allergic to these items suffered from severe allergic reactions on the consumption of these bars.Which of the following can the injured customers cite as a defect in a strict liability lawsuit against Kicker's?

A seller's or lessor's express or implied assurance to a buyer or lessee that the goods sold or leased meet certain quality standards is called a warranty.

Dorothy purchases a chair that was made by Woode Designs,Inc.While making the chair,the legs were not fixed properly to the base.When Dorothy sits on the chair,it breaks and she is injured.In a strict liability lawsuit,which of the following can Dorothy cite as a defect in the chair?

Implied warranties of quality cannot be disclaimed.

Rienhardt Manufacturers contracts Shillingworth Mining to purchase quartz ores.Upon inspection of a particular shipment,Rienhardt discovers that most of the ores are of substantially lesser quality than the average quality standard of that grade.Shillingworth Mining has breached the ________.

Where there has been a breach of warranty,the buyer or lessee may sue the seller or lessor to recover ________ damages.

Plaintiffs can allege multiple product defects in one lawsuit.

Diane bought an action figure for her son David from Terrence's Toy Shop.The packaging did not mention that the toy contained small detachable parts.David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital.On which of the following charges can Diane sue Terrence's Toy Shop for damages?