Exam 8: Allocating Risk and Responsibilities in the Global Marketplace: Products Liability

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According to Stephen Sugarman, performance-based regulation happens when:

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A

What are punitive damages?

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Punitive damages are damages above compensatory damages that are intended to punish the defendant.

In Wyeth v. Levine, the majority rejected the idea that primary responsibility for drug safety lies with the government and instead lies with the drug manufacturer.

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Explain how injured parties can recover damages under the UCC.

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Absent provisions in the contract, which of the following types of damage can be awarded to an injured party under a breach of contract?

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To win a suit for negligence, a plaintiff must establish that the defendant: I. breached its duty of care II. created an unreasonable risk of harm III. acted with total disregard to the harm that could result IV. behavior was the proximate cause of the plaintiff's injuries

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Compare the regulation of biotechnology in the United States to that of the European Union.

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Explain the features of Section 402A of the Restatement of Torts (Second).

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Discuss Sugarman's "Performance-based regulation." Is this a viable means to create safer products or is it unnecessary government interference?

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The Food and Drug Administration, the Consumer Product Safety Commission and the National Highway Transportation Safety Association are

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The organization that works with companies on recalls of unsafe products (such as lead-paint laden Thomas the Train toys) is

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The Ford Pinto exploded when rear-ended by another vehicle. The Pinto suffered from a(an):

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The most notable exception to caveat emptor was for

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The term caveat emptor means:

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What did the Food Safety Modernization Act (FSMA) do? Has it accomplished what it should have? Why or why not?

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