Question 1

A manufacturer's liability to an injured party on a strict product liability theory can be almost unlimited.

Accepted Answer

A) True 
 B)False  True

Question 2

Due care must be exercised in designing a product.

Accepted Answer

A) True 
 B)False  True

Question 3

A person who keeps a domestic animal may be strictly liable for any harm that the animal inflicts.

Accepted Answer

A) True 
 B)False  True

Question 4

The types of product defects that have traditionally been recognized in product liability law include design defects.

Accepted Answer

A) True 
 B)False

Question 5

To succeed in a product liability suit based on strict liability,a plaintiff must prove that a product was defective.

Accepted Answer

A) True 
 B)False

Question 6

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim.Universal is most likely liable for

Accepted Answer

A) a commonly known danger. 
B) fraud. 
C) privity. 
D) puffery. 
A) a commonly known danger. 
B) fraud. 
C) privity. 
D) puffery.

Question 7

Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.

Accepted Answer

A) True 
 B)False

Question 8

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir.The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

Accepted Answer

A) Lyn v.Mining Co. 
B) Palsgraf v.Long Island Railroad Co. 
C) Rylands v.Fletcher. 
D) Congress. 
A) Lyn v.Mining Co. 
B) Palsgraf v.Long Island Railroad Co. 
C) Rylands v.Fletcher. 
D) Congress.

Question 9

Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product.

Accepted Answer

A) True 
 B)False

Question 10

To avoid strict product liability,a manufacturer must make a product entirely safe for all uses.

Accepted Answer

A) True 
 B)False

Question 11

To support the imposition of strict product liability,a product must be mishandled between the time it is sold and the time an injury occurs.

Accepted Answer

A) True 
 B)False

Question 12

Jean is playing a computer game on a bad disk that melts in her drive,starting a fire that injures her hands.Jean files a suit against K-Tech,Inc. ,the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant application of this doctrine is in the area of

Accepted Answer

A) cyber crime. 
B) negligence. 
C) product liability. 
D) res ipsa loquitur. 
A) cyber crime. 
B) negligence. 
C) product liability. 
D) res ipsa loquitur.

Question 13

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third)of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

Accepted Answer

A) the omission of a warning renders the product not reasonably safe. 
B) there is a reasonable alternative design. 
C) there is a lack of care in making of the product. 
D) there is insufficient insurance coverage. 
A) the omission of a warning renders the product not reasonably safe. 
B) there is a reasonable alternative design. 
C) there is a lack of care in making of the product. 
D) there is insufficient insurance coverage.

Question 14

Breakfast Foods Corporation markets waffle irons,one of which proves defective and injures Chelsea.Breakfast Foods's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that

Accepted Answer

A) Breakfast Foods profits from the sale of its waffle irons. 
B) Chelsea is a person,not a corporation like Breakfast Foods. 
C) marketing is an "abnormally dangerous activity." 
D) the doctrine of strict liability is the norm rather than the exception. 
A) Breakfast Foods profits from the sale of its waffle irons. 
B) Chelsea is a person,not a corporation like Breakfast Foods. 
C) marketing is an "abnormally dangerous activity." 
D) the doctrine of strict liability is the norm rather than the exception.

Question 15

Statutes of repose places outer times limit on product liability actions.

Accepted Answer

A) True 
 B)False

Question 16

Canyon Construction Company uses blasting in its operations.This is subject to strict liability because

Accepted Answer

A) blasting is an abnormally dangerous activity. 
B) blasting is a negligent activity. 
C) Canyon is a construction company. 
D) construction can be done without blasting. 
A) blasting is an abnormally dangerous activity. 
B) blasting is a negligent activity. 
C) Canyon is a construction company. 
D) construction can be done without blasting.

Question 17

Summer Breeze,Inc. ,contracts for the sale of fifty ceiling fans to Island Décor store.Tyrone buys one of fans from the store.The applicable statute of limitations prescribes a period of four years.To bring a product liability claim against Summer Breeze,Tyrone must file a suit within four years of

Accepted Answer

A) Tyrone's discovery of an injury. 
B) the date of the fan's sale to Island Décor. 
C) the year of the fan's manufacture. 
D) the date of the fan's sale to Tyrone. 
A) Tyrone's discovery of an injury. 
B) the date of the fan's sale to Island Décor. 
C) the year of the fan's manufacture. 
D) the date of the fan's sale to Tyrone.

Question 18

A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.

Accepted Answer

A) True 
 B)False

Question 19

A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product.

Accepted Answer

A) True 
 B)False

Question 20

Strict liability is imposed based on fault.

Accepted Answer

A) True 
 B)False

Exam 13: Strict Liability and Product Liability

A manufacturer's liability to an injured party on a strict product liability theory can be almost unlimited.

Due care must be exercised in designing a product.

A person who keeps a domestic animal may be strictly liable for any harm that the animal inflicts.

The types of product defects that have traditionally been recognized in product liability law include design defects.

To succeed in a product liability suit based on strict liability,a plaintiff must prove that a product was defective.

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim.Universal is most likely liable for

Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir.The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

Misrepresentation on a label is not enough to show an intent to induce the reliance of anyone who may use the product.

To avoid strict product liability,a manufacturer must make a product entirely safe for all uses.

To support the imposition of strict product liability,a product must be mishandled between the time it is sold and the time an injury occurs.

Jean is playing a computer game on a bad disk that melts in her drive,starting a fire that injures her hands.Jean files a suit against K-Tech,Inc. ,the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant application of this doctrine is in the area of

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third)of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

Breakfast Foods Corporation markets waffle irons,one of which proves defective and injures Chelsea.Breakfast Foods's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that

Statutes of repose places outer times limit on product liability actions.

Canyon Construction Company uses blasting in its operations.This is subject to strict liability because

A seller must warn those who purchase its product of the harm that can result from the foreseeable misuse of the product.

A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product.

Strict liability is imposed based on fault.

Business and Its Legal Environment

The Court System

Alternative and Online Dispute Resolution

Ethics and Business Decision Making

Constitutional Law

Administrative Law

Criminal Law and Cyber Crime

International Law in a Global Economy

Contract Formation

Contract Performance,breach,and Remedies

Sales,leases,and E-Contracts

Torts and Cyber Torts

Intellectual Property and Internet Law

Creditor-Debtor Relations and Bankruptcy

Mortgages Foreclosures After the Recession

Sole Proprietorships,franchises, Partnerships

Limited Liability Companies and Limited Partnerships

Corporations

Agency

Employment Relationships

Employment Discrimination

Immigration and Labor Law

Consumer Protection

Environmental Law

Real Property and Land-Use Control

Antitrust and Monopoly

Antitrust and Restraints of Trade

Investor Protection and Corporate Governance

How to Brief Cases and Analyze Case Problems

The Constitution of the United States

The Uniform Commercial Code

The United Nations Convention on Contracts for the International Sale of Goods

The Sarbanes-Oxley Act of 2002

Environmental Law and Sustainability

Filters