Question 1

Strict liability applies to services but not products.

Accepted Answer

A) True 
 B)False  False

Question 2

Describe the functions of the statute of limitations and the statute of repose.

Accepted Answer

Most states have statutes of limitations that require 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.If the plaintiff does not bring the lawsuit in the allotted time,he loses the right to sue.Some states have enacted statutes of repose,which limit a manufacturer's and seller's liability to a certain number of years from the date when the product was first sold.The period of repose varies from state to state.

Question 3

In a negligence lawsuit,parties who were not actually negligent are also liable to the plaintiff.

Accepted Answer

A) True 
 B)False  False

Question 4

Compare the tort doctrines of negligence and misrepresentation.

Accepted Answer

Negligence requires the defendant to be

Question 5

To assert ________ as a defense,the defendant must prove that the plaintiff knew and appreciated the risk of the product.

Accepted Answer

A) supervening event 
B) assumption of the risk 
C) generally known dangers 
D) abnormal misuse 
A) supervening event 
B) assumption of the risk 
C) generally known dangers 
D) abnormal misuse

Question 6

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular.The pacemaker is manufactured by Benford Inc.In this case,Dr.DeBenedetto,the surgeon,is considered as the dominant element.If the pacemaker fails to function as expected after the surgery,who would be strictly liable for its failure?

Accepted Answer

A) Benford Inc. 
B) Dr. DeBenedetto 
C) Henry 
D) Sacred Heart Hospital 
A) Benford Inc. 
B) Dr. DeBenedetto 
C) Henry 
D) Sacred Heart Hospital

Question 7

A defect in manufacture occurs when a manufacturer fails to ________.

Accepted Answer

A) design a product that is safe for users 
B) adequately check the quality of a product 
C) warn customers about the possible dangers of the product 
D) provide proper packaging for the products 
A) design a product that is safe for users 
B) adequately check the quality of a product 
C) warn customers about the possible dangers of the product 
D) provide proper packaging for the products

Question 8

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

Accepted Answer

A) Failure to warn 
B) Failure to provide adequate instructions 
C) Defect in manufacture 
D) Defect in design 
A) Failure to warn 
B) Failure to provide adequate instructions 
C) Defect in manufacture 
D) Defect in design

Question 9

Describe how courts can evaluate the adequacy of a product's design.

Accepted Answer

In evaluating the adequacy of a product'

Question 10

Martin wins a car in a lottery.As he already owns a car,he decides to sell the new one to his friend Ted.While driving the car,Ted gets into a head-on collision with another car.Due to a defective Supplemental Restraint System (SRS)in the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?

Accepted Answer

A) Martin can be held strictly liable because he sold the car to Ted. 
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from it. 
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. 
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident. 
A) Martin can be held strictly liable because he sold the car to Ted. 
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from it. 
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. 
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.

Question 11

________ 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.

Accepted Answer

A) Statute of limitations 
B) Statute of frauds 
C) Statute of repose 
D) Statute of general application 
A) Statute of limitations 
B) Statute of frauds 
C) Statute of repose 
D) Statute of general application

Question 12

Inadequate testing of a product can support a product liability lawsuit based on strict liability.

Accepted Answer

A) True 
 B)False

Question 13

Negligence requires a defendant to be at fault for causing the plaintiff's injuries.

Accepted Answer

A) True 
 B)False

Question 14

Betty buys a lawnmower manufactured by FlatPlanes Inc.from Harvey's department store.A defect in the design of the blades causes the lawnmower to kick back on operation,injuring Betty.Which of the following remedial actions is Betty entitled to?

Accepted Answer

A) Betty can sue Harvey's department store for negligence. 
B) Betty can sue either Harvey's department store or FlatPlanes for strict liability. 
C) Betty can only sue FlatPlanes for strict liability as it manufactured the defective lawnmower. 
D) Betty can only sue Harvey's department store for strict liability as it sold her the defective lawnmower. 
A) Betty can sue Harvey's department store for negligence. 
B) Betty can sue either Harvey's department store or FlatPlanes for strict liability. 
C) Betty can only sue FlatPlanes for strict liability as it manufactured the defective lawnmower. 
D) Betty can only sue Harvey's department store for strict liability as it sold her the defective lawnmower.

Question 15

Courts can apply a consumer expectation test to evaluate the adequacy of a product's design.

Accepted Answer

A) True 
 B)False

Question 16

The statute of repose begins to run when the plaintiff suffers injury.

Accepted Answer

A) True 
 B)False

Question 17

The term ________ refers to the doctrine that 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.

Accepted Answer

A) negligence per se 
B) assumption of risk 
C) comparative fault 
D) contributory negligence 
A) negligence per se 
B) assumption of risk 
C) comparative fault 
D) contributory negligence

Question 18

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

Accepted Answer

A) Reliance damages 
B) Consequential damages 
C) Punitive damages 
D) Nominal damages 
A) Reliance damages 
B) Consequential damages 
C) Punitive damages 
D) Nominal damages

Question 19

The liability of manufacturers,sellers,lessors,and others for injuries caused by defective products is commonly referred to as product liability.

Accepted Answer

A) True 
 B)False

Question 20

A defect in manufacture occurs when the manufacturer fails to warn customers about the dangerous propensities of its products.

Accepted Answer

A) True 
 B)False

Exam 6: Product and Strict Liability

Strict liability applies to services but not products.

Describe the functions of the statute of limitations and the statute of repose.

In a negligence lawsuit,parties who were not actually negligent are also liable to the plaintiff.

Compare the tort doctrines of negligence and misrepresentation.

To assert ________ as a defense,the defendant must prove that the plaintiff knew and appreciated the risk of the product.

A defect in manufacture occurs when a manufacturer fails to ________.

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

Describe how courts can evaluate the adequacy of a product's design.

________ 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.

Inadequate testing of a product can support a product liability lawsuit based on strict liability.

Negligence requires a defendant to be at fault for causing the plaintiff's injuries.

Betty buys a lawnmower manufactured by FlatPlanes Inc.from Harvey's department store.A defect in the design of the blades causes the lawnmower to kick back on operation,injuring Betty.Which of the following remedial actions is Betty entitled to?

Courts can apply a consumer expectation test to evaluate the adequacy of a product's design.

The statute of repose begins to run when the plaintiff suffers injury.

The term ________ refers to the doctrine that 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.

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

The liability of manufacturers,sellers,lessors,and others for injuries caused by defective products is commonly referred to as product liability.

A defect in manufacture occurs when the manufacturer fails to warn customers about the dangerous propensities of its products.

Legal Environment of Business and Online Commerce

Courts and Jurisdiction

Judicial, alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crime

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, defenses, and Discharge

Banking System and Electronic Financial Transactions

Credit, mortgages, and Debtors Rights

Secured Transactions

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, agents, and Independent Contractors

Employment, worker Protection, and Immigration Law

Labor Law

Equal Opportunity in Employment

Small Business, entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Businesses

Investor Protection, e-Securities, and Wall Street Reform

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection

Antitrust Law and Unfair Trade Practices

Personal Property, real Property, and Insurance

Real Property

Landlord-Tenant Law and Land Use Regulation

Insurance

Accountants Duties and Liability

Wills, trusts, and Estates

Family Law

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