Exam 12: Product and Service Liability Law

According to the Uniform Commercial Code, to meet the standard of merchantability, the goods must pass without objection in the trade under the contract description.

Statutes of repose are usually much shorter than statutes of limitations.

The broadest rule to define the parameters of an accountant's liability to third parties applies in most of the states in the U.S.

In most states, the statute of limitations for tort actions is ________.

________ is a warranty that automatically arises out of a transaction.

How did the 1916 case of MacPherson v. Buick Motor Co. lead to the elimination of the privity requirement?

A defendant raising the ________ defense is claiming that the harm was not caused by the defendant's negligence.

Provide arguments for and against allowing the state-of-the-art defense in strict product liability actions.

Which of the following refers to a scenario in which the plaintiff is said to have assumed the risk?

Which of the following statements is true of the state-of-the-art defense?

Market share theory is used by courts when ________.

Which of the following statements is true of negligent failure to warn?

Which of the following statements is true of liability suits that involve a foreign defendant?

The Ultramares Doctrine is the most recent rule that is used to define the parameters of an accountant's liability.

Which of the following statements is true of the market share theory?

Which of the following refers to a scenario in which courts will impose liability due to negligent design?

Tom purchases a new set of tires for his vehicle. He informs Richard, the vendor who specializes in such goods, that he intends to use it in snowy conditions. The tires do not provide sufficient grip in snow, and his vehicle meets with an accident. Which of the following statements is true of this scenario?

Which of the following describes the condition in which courts impose liability based on negligent design?

With reference to cosmetics and over-the-counter drugs, what should the plaintiff prove for the court to conclude that the defendant is guilty of negligent failure to warn?

In early product liability cases, the privity limitation meant that the plaintiff was required to demonstrate that ________.