Question 1

A plaintiff could succeed in a product liability suit based on strict liabil?ity by showing that a product was unreasonably dangerous due to a de?sign defect.

Accepted Answer

A) True 
 B)False  True

Question 2

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) none of the choices. 
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) none of the choices. A

Question 3

Infinite Variety Corporation makes products that Jostle Sales Company sells to consumers online,through catalogs,and in retail outlets.Holding makers and sellers strictly liable for the cost of injuries to con?sumers from harmful or defective products is based in part on the policy that

Accepted Answer

A) consumers are generally careful with the products that they buy. 
B) courts are the best forums to determine product liability. 
C) makers and sellers would not otherwise be interested in safety. 
D) prices can be increased to cover the cost. 
A) consumers are generally careful with the products that they buy. 
B) courts are the best forums to determine product liability. 
C) makers and sellers would not otherwise be interested in safety. 
D) prices can be increased to cover the cost. D

Question 4

In many states,the plaintiff's negligence is a defense that may be raised in a product liability suit based on strict liability.

Accepted Answer

A) True 
 B)False

Question 5

A merchant can disclaim an implied warranty of merchantability.

Accepted Answer

A) True 
 B)False

Question 6

Sierra Bikes,Inc. ,and Tess enter into a contract for the sale of a mountain bike.Sierra,a merchant who deals in goods of the kind sold,makes implied and express warranties in connection with the sale.The Magnuson-Moss Warranty Act,which applies to the warranty,attempts to prevent deception in warranties by

Accepted Answer

A) displacing the UCC as the primary source of warranty rules. 
B) making warranties easier to understand. 
C) prohibiting disclaimers of warranties. 
D) requiring sellers to give written warranties for consumer goods. 
A) displacing the UCC as the primary source of warranty rules. 
B) making warranties easier to understand. 
C) prohibiting disclaimers of warranties. 
D) requiring sellers to give written warranties for consumer goods.

Question 7

A product is unmerchantable if any accident could arise in connection with the goods.

Accepted Answer

A) True 
 B)False

Question 8

To succeed in a strict product liability suit alleging a design defect,a plaintiff must show that there is a reasonable alternative design.

Accepted Answer

A) True 
 B)False

Question 9

Omega Custom Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Omega could be liable for vio?lating its duty of care with respect to

Accepted Answer

A) neither the design nor the making of the tiles. 
B) the design and the making of the tiles. 
C) the design of the tiles only. 
D) the making of the tiles only. 
A) neither the design nor the making of the tiles. 
B) the design and the making of the tiles. 
C) the design of the tiles only. 
D) the making of the tiles only.

Question 10

A seller must use a word such as "guarantee" to make an express warranty.

Accepted Answer

A) True 
 B)False

Question 11

Rite-Bilt Appliance Company markets its products through its own Rite-Bilt Appliance Stores.For Rite-Bilt's written disclaimer to nullify any express war?ranties,it must be

Accepted Answer

A) clear and conspicuous and called to a buyer's attention. 
B) in smaller print than the rest of the sales contract. 
C) in the same print as the rest of the sales contract. 
D) presented to a buyer after a sales contract has been entered into. 
A) clear and conspicuous and called to a buyer's attention. 
B) in smaller print than the rest of the sales contract. 
C) in the same print as the rest of the sales contract. 
D) presented to a buyer after a sales contract has been entered into.

Question 12

Gina,an obese individual,files a suit against Hot n' Tasty,Inc. ,alleging that its food is unhealthy because,as is well known,it contains high lev?els of salt and sugar.Gina's suit is most likely to

Accepted Answer

A) fail,because salt and sugar are not unhealthy ingredients in food. 
B) fail,because the danger is open and obvious to a reasonable consumer. 
C) succeed,because the danger is open and obvious to any consumer. 
D) succeed,because the food's contents obviously caused Gina's obesity. 
A) fail,because salt and sugar are not unhealthy ingredients in food. 
B) fail,because the danger is open and obvious to a reasonable consumer. 
C) succeed,because the danger is open and obvious to any consumer. 
D) succeed,because the food's contents obviously caused Gina's obesity.

Question 13

A warranty against infringement is a promise by the seller that the prod?uct was con?structed in a workmanlike manner.

Accepted Answer

A) True 
 B)False

Question 14

A statute of limitations may limit the time within which a plaintiff can file a product liability suit.

Accepted Answer

A) True 
 B)False

Question 15

Merchants are required to warrant that the goods they sell are fit for their ordinary purpose.

Accepted Answer

A) True 
 B)False

Question 16

Express warranties displace inconsistent implied warranties except im?plied war?ranties of fitness for a particular purpose.

Accepted Answer

A) True 
 B)False

Question 17

A descriptive label can create an ex?press warranty.

Accepted Answer

A) True 
 B)False

Question 18

Portia is driving a Quest motorcycle fifteen miles over the speed limit when,due to a defect,the rear tire spins off.Portia is injured in the ensuing accident.In her suit to recover from Quest for the injury,Quest's best defense is that

Accepted Answer

A) Portia assumed the risk of an accident when she bought the cycle. 
B) Portia was clearly a knowledgeable user of the cycle. 
C) Portia was comparatively negligent in exceeding the speed limit. 
D) motorcycle defects are commonly known dangers. 
A) Portia assumed the risk of an accident when she bought the cycle. 
B) Portia was clearly a knowledgeable user of the cycle. 
C) Portia was comparatively negligent in exceeding the speed limit. 
D) motorcycle defects are commonly known dangers.

Question 19

Lena visits Marvel-R-Us Cars,an auto dealer,and says she wants a hybrid car that can go thirty miles before using gas.Nip,a salesperson,recom?mends an Obie,which he says goes "at least forty gas-less miles." This is

Accepted Answer

A) an express warranty. 
B) an implied warranty of merchantability. 
C) an implied warranty of fitness for a particular purpose. 
D) a warranty of title. 
A) an express warranty. 
B) an implied warranty of merchantability. 
C) an implied warranty of fitness for a particular purpose. 
D) a warranty of title.

Question 20

An express warranty cannot be limited.

Accepted Answer

A) True 
 B)False

Exam 17: Warranties and Product Liability

A plaintiff could succeed in a product liability suit based on strict liabil?ity by showing that a product was unreasonably dangerous due to a de?sign defect.

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

Infinite Variety Corporation makes products that Jostle Sales Company sells to consumers online,through catalogs,and in retail outlets.Holding makers and sellers strictly liable for the cost of injuries to con?sumers from harmful or defective products is based in part on the policy that

In many states,the plaintiff's negligence is a defense that may be raised in a product liability suit based on strict liability.

A merchant can disclaim an implied warranty of merchantability.

A product is unmerchantable if any accident could arise in connection with the goods.

To succeed in a strict product liability suit alleging a design defect,a plaintiff must show that there is a reasonable alternative design.

Omega Custom Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Omega could be liable for vio?lating its duty of care with respect to

A seller must use a word such as "guarantee" to make an express warranty.

Rite-Bilt Appliance Company markets its products through its own Rite-Bilt Appliance Stores.For Rite-Bilt's written disclaimer to nullify any express war?ranties,it must be

Gina,an obese individual,files a suit against Hot n' Tasty,Inc. ,alleging that its food is unhealthy because,as is well known,it contains high lev?els of salt and sugar.Gina's suit is most likely to

A warranty against infringement is a promise by the seller that the prod?uct was con?structed in a workmanlike manner.

A statute of limitations may limit the time within which a plaintiff can file a product liability suit.

Merchants are required to warrant that the goods they sell are fit for their ordinary purpose.

Express warranties displace inconsistent implied warranties except im?plied war?ranties of fitness for a particular purpose.

A descriptive label can create an ex?press warranty.

Portia is driving a Quest motorcycle fifteen miles over the speed limit when,due to a defect,the rear tire spins off.Portia is injured in the ensuing accident.In her suit to recover from Quest for the injury,Quest's best defense is that

Lena visits Marvel-R-Us Cars,an auto dealer,and says she wants a hybrid car that can go thirty miles before using gas.Nip,a salesperson,recom?mends an Obie,which he says goes "at least forty gas-less miles." This is

An express warranty cannot be limited.

The Legal and Constitutional Environment of Business

Traditional and Online Dispute Resolution

Ethics and Business Decision Making

Torts and Cyber Torts

Intellectual Property and Internet Law

Criminal Law and Cyber Crimes

Nature and Classification

Agreement and Consideration

Capacity and Legality

Defenses to Contract Enforceability

Third Party Rights and Discharge

Breach and Remedies

E-Contracts and E-Signatures

The Formation of Sales and Lease Contracts

Title and Risk of Loss

Performance Breach of Sales Lease Contracts

Negotiability, transferability, and Liability

Checks and Banking in the Digital Age

Security Interest in Personal Property

Creditors Rights and Bankruptcy

Agency Relationships

Employment Law and Immigration

Sole Proprietorships, partnerships, Ltd Liability

Corporate Formation, financing, and Termination

Corporate Directors, officers, and Shareholders

Investor Protection, insider Trading, Corpgov

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance, wills, and Trusts

Liability of Accountants Other Professionals

International Law in a Global Economy

Regulations, Contracts, and Discovery

Legal Issues in Business and Commerce

Legal Issues in Online Relationships and Agreements

Contracts and Consumer Protection

Liability of Silverado Bank in Prestridge v. Bank of Jena for Forged Checks.

Sovereign Immunity and Bankruptcy Law

Legal Issues in Employment and Liability Cases

Corporate Governance and Securities Law

Real Estate Law: Cases and Controversies

Corporate Ownership and Liability in Chilean Firms

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