Exam 13: Strict Liability and Product Liability

A manufacturer cannot be liable in product liability for intentionally misrepresenting the character of quality of goods.

A product liability action based on negligence does not require the plaintiff and the defendant to be in privity of contract.

One of the requirements for a suit based on strict liability is a failure to exercise due care.

One requirement for a product liability suit based on negligence is a failure to exercise reasonable care.

Mighty Fine Company makes a surfboard,which it sells to Nature Sports Equipment (NSE),a distributor.NSE sells the board to Ocean Store,where Pat buys it.Pat gives it to Quinn,who suffers an injury due a defect in the board.If Mighty Fine,NSE,and Ocean Store were not negligent,can they be liable to Quinn for the injury If so,how what basis,and for what reasons

Earth Movers,Inc. ,uses dynamite to prepare land for highway projects.Strict liability is imposed on this activity because

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Reilly makes a fraudulent misrepresentation to Sonny,a consumer,who buys Reilly's product.In using the product,Sonny suffers an injury.To serve as a basis for recovery,the misrepresentation must concern

Pharma Company,Quitox Corporation,and Renal,Inc. ,are drug makers.Med Sales Company and National OTC,Inc. ,are drug distributors.In a suit against all of these parties in which market-share liability is imposed,most likely to be liable are

To succeed in a strict product liability suit,an injured plaintiff must show that a product's defect was the proximate cause of the injury.

Farm Equip,Inc. ,makes farming machinery.Gail discovers that her Farm Equip tractor is defective and sues the maker for product liability based on negligence.To win,Gail must show that

Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale distribution and retail sale.Liability may be imposed on Green Glass based on

Grady,an obese individual,files a suit against Fry Fast Food Corporation (FFFC),alleging that FFFC's food is unhealthy because,as Grady knows,it contains high levels of cholesterol and saturated fat.Grady is most likely to

To succeed in a strict product liability suit,an injured plaintiff must be more than a mere bystander.

Yard Tool Company makes and leases a backhoe to Zack.Due to a defect attributable to Yard Tool's negligence,Zack is injured in an accident in which his neighbor Aron is also hurt.In a product liability suit based on negligence,Yard Tool may be liable to

Rhiana is shopping in Seth's Food Store when a bottle of Truly Bubbly Cola explodes,injuring her.Rhiana files a suit against Truly Bubbly,from whom she can recover only if she can show that she

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

Fun Toyz Corporation makes skateboards,which it sells to consumers,including Gitana.Gitana is injured due to a defect in the board that causes an accident in which Haley,a bystander,is also injured.In a product liability suit based on strict product liability,Fun Toyz may be liable to

Heat Wave,Inc. ,makes portable heaters.To pay its liability for injuries to consumers harmed by defective heaters,Heat Wave can pass the costs on to

Sellers or lessors are liable only for products that are reasonably dangerous.