Exam 19: Warranties and Product Liability

The term ________ refers to a defense that says a person who is injured by a defective product but has been negligent and is partially responsible for his or her own injuries cannot recover from the defendant.

A seller is liable if a product is materially altered after it leaves the seller's possession and the alteration causes an injury.

Wilson,a plumber working for Fastfix Repairs,is hired by John to install a radiator manufactured by Multilever Machines.After the installation,the radiator fails to work due to a defective internal component.Under the doctrine of comparative negligence,which of the following parties is liable for the radiator's failure?

Which of the following is a similarity between the tort doctrine of negligence and the tort doctrine of strict liability?

Andy is interested in purchasing a fridge from Tim,a salesman.In an attempt to force a sale,Tim claims that the fridge is the best of its kind in the contemporary market.Tim's claim is an example of ________.

The plaintiff in a product liability lawsuit has suffered $100 worth of damages from an automobile accident.A defect in manufacture of the plaintiff's vehicle is found to be 20 percent responsible for the accident,while the plaintiff's own negligence is 80 percent responsible.Under the doctrine of contributory negligence,how much can the plaintiff expect to receive in damages from the defendant?

Product liability is defined as the liability of manufacturers,sellers,and others for the injuries caused by defective products.

________ is a defect that occurs when a manufacturer does not provide detailed directions for safe assembly and use of a product.

Damages that are generally equal to the difference between the value of the goods as warranted and the actual value of the goods accepted at the time and place of acceptance is known as ________ damages.

A man tries to swallow a pen as part of a circus act.The pen becomes lodged in his throat and he is taken to a hospital for immediate medical attention.The man sues the company that manufactured the pen.Which of the following would be the best defense for the pen manufacturer in this lawsuit?

Strict liability is liability with fault.

All manufacturers,distributors,wholesalers,retailers,lessors,and subcomponent manufacturers involved in a transaction constitute the chain of distribution in a strict liability claim.

A seller's "puffing" creates an express warranty.

A warranty that is created when a seller or lessor makes an affirmation that the goods he or she is selling or leasing meet certain standards of quality,description,performance,or condition is known as a(n)________.

The statute of limitations limits the seller's liability to a certain number of years from the date when the product was first sold.

________ refers to a defect that occurs when a manufacturer does not place information about the dangers of using a product on its packaging,causing injury if the dangers are unknown.

When the containers of a product are not tamperproof,it is termed as a ________.

Compare defects of failure to warn and failure to provide adequate instructions with regard to strict liability.

A warranty disclaimer extends the warranty given by the warrantor.

________ refers to a statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.