Deck 16: Products Liability

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Question
A product is defective if it is lacking in some particular that is essential to completeness, safety, or legal sufficiency.
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Question
Under § 402A, a product must not be unreasonably dangerous for its intended and foreseeable use.
Question
Strict liability in tort cannot apply unless the defendant is found to be negligent.
Question
Puffing is unexpected exaggeration of quality.
Question
Products liability is a tort.
Question
Match between columns
someone in the business of selling
MacPherson vs. Buick
someone in the business of selling
comparative negligence
someone in the business of selling
strict liability
someone in the business of selling
opinion
someone in the business of selling
reliance
someone in the business of selling
privity of contract
someone in the business of selling
material
someone in the business of selling
merchantable
someone in the business of selling
disclaimer
someone in the business of selling
unconscionable
someone in the business of selling
puffing
someone in the business of selling
products liability
someone in the business of selling
chain of distribution
someone in the business of selling
res ipsa loquitur
someone in the business of selling
negligence
someone in the business of selling
express warranty
someone in the business of selling
merchant
Question
Global peace cannot be achieved if parties opt out of a class action.
Question
Match between columns
a false statement of fact
MacPherson vs. Buick
a false statement of fact
comparative negligence
a false statement of fact
strict liability
a false statement of fact
opinion
a false statement of fact
reliance
a false statement of fact
privity of contract
a false statement of fact
material
a false statement of fact
merchantable
a false statement of fact
disclaimer
a false statement of fact
unconscionable
a false statement of fact
puffing
a false statement of fact
products liability
a false statement of fact
chain of distribution
a false statement of fact
res ipsa loquitur
a false statement of fact
negligence
a false statement of fact
express warranty
a false statement of fact
merchant
Question
In a settlement class action, the parties do not intend to litigate the claims made in the complaint because they have reached a settlement before trial.
Question
Match between columns
duty, breach of duty, proximate cause, damages
MacPherson vs. Buick
duty, breach of duty, proximate cause, damages
comparative negligence
duty, breach of duty, proximate cause, damages
strict liability
duty, breach of duty, proximate cause, damages
opinion
duty, breach of duty, proximate cause, damages
reliance
duty, breach of duty, proximate cause, damages
privity of contract
duty, breach of duty, proximate cause, damages
material
duty, breach of duty, proximate cause, damages
merchantable
duty, breach of duty, proximate cause, damages
disclaimer
duty, breach of duty, proximate cause, damages
unconscionable
duty, breach of duty, proximate cause, damages
puffing
duty, breach of duty, proximate cause, damages
products liability
duty, breach of duty, proximate cause, damages
chain of distribution
duty, breach of duty, proximate cause, damages
res ipsa loquitur
duty, breach of duty, proximate cause, damages
negligence
duty, breach of duty, proximate cause, damages
express warranty
duty, breach of duty, proximate cause, damages
merchant
Question
What are the main causes of action in a products liability case?

A) negligence, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and strict liability in tort
B) negligence, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and strict liability in tort
C) negligence, breach of express warranty, breach of implied warranty of merchantability, and strict liability in tort
D) negligence, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, strict liability in tort, and conversion
Question
Misuse is a defense to strict liability in tort when the misuse is unforeseeable and extreme.
Question
A duty of reasonable care is owed only to those in privity with the defendant.
Question
A mass tort is a separate cause of action.
Question
Match between columns
the accident ordinarily does not happen in the absence of someone's negligence
MacPherson vs. Buick
the accident ordinarily does not happen in the absence of someone's negligence
comparative negligence
the accident ordinarily does not happen in the absence of someone's negligence
strict liability
the accident ordinarily does not happen in the absence of someone's negligence
opinion
the accident ordinarily does not happen in the absence of someone's negligence
reliance
the accident ordinarily does not happen in the absence of someone's negligence
privity of contract
the accident ordinarily does not happen in the absence of someone's negligence
material
the accident ordinarily does not happen in the absence of someone's negligence
merchantable
the accident ordinarily does not happen in the absence of someone's negligence
disclaimer
the accident ordinarily does not happen in the absence of someone's negligence
unconscionable
the accident ordinarily does not happen in the absence of someone's negligence
puffing
the accident ordinarily does not happen in the absence of someone's negligence
products liability
the accident ordinarily does not happen in the absence of someone's negligence
chain of distribution
the accident ordinarily does not happen in the absence of someone's negligence
res ipsa loquitur
the accident ordinarily does not happen in the absence of someone's negligence
negligence
the accident ordinarily does not happen in the absence of someone's negligence
express warranty
the accident ordinarily does not happen in the absence of someone's negligence
merchant
Question
In a strict liability in tort case, someone who rents products in a business might be considered a seller.
Question
Tom is a passenger in a car made by the Ford Motor company, which Ted purchased from Richardson Ford. The car met with an accident in which Tom and Ted are injured.

A) Tom is in privity with Ted but not with Richardson Ford.
B) Ted is in privity with Richardson Ford but not with ford Motor Company.
C) Ted is in privity with Ford Motor company but not with Tom.
D) Tom is in privity with Richardson Ford but not with Ford Motor Company.
Question
Len is a salesman at Warren Appliances. He tells Helen, a customer, that the washing machine she is considering is A-1 quality. She buys it. A week later, when using the washing machine, a part on the machine flies out at her, injuring her eye.

A) Len's statement that the machine was A-1 quality was an express warranty.
B) Len's statement that the machine was A-1 quality created a warranty of merchantability.
C) Helen was justified in relying on Len's statement that the machine was A-1 quality.
D) Len's statement that the machine was A-1 quality was puffing.
Question
Match between columns
anyone who made, sold, or leased the product
MacPherson vs. Buick
anyone who made, sold, or leased the product
comparative negligence
anyone who made, sold, or leased the product
strict liability
anyone who made, sold, or leased the product
opinion
anyone who made, sold, or leased the product
reliance
anyone who made, sold, or leased the product
privity of contract
anyone who made, sold, or leased the product
material
anyone who made, sold, or leased the product
merchantable
anyone who made, sold, or leased the product
disclaimer
anyone who made, sold, or leased the product
unconscionable
anyone who made, sold, or leased the product
puffing
anyone who made, sold, or leased the product
products liability
anyone who made, sold, or leased the product
chain of distribution
anyone who made, sold, or leased the product
res ipsa loquitur
anyone who made, sold, or leased the product
negligence
anyone who made, sold, or leased the product
express warranty
anyone who made, sold, or leased the product
merchant
Question
What are the three categories of defects in products liability cases?
Question
Distinguish between fact and opinion.
Question
Match between columns
several torts based on harm caused by defective products
MacPherson vs. Buick
several torts based on harm caused by defective products
comparative negligence
several torts based on harm caused by defective products
strict liability
several torts based on harm caused by defective products
opinion
several torts based on harm caused by defective products
reliance
several torts based on harm caused by defective products
privity of contract
several torts based on harm caused by defective products
material
several torts based on harm caused by defective products
merchantable
several torts based on harm caused by defective products
disclaimer
several torts based on harm caused by defective products
unconscionable
several torts based on harm caused by defective products
puffing
several torts based on harm caused by defective products
products liability
several torts based on harm caused by defective products
chain of distribution
several torts based on harm caused by defective products
res ipsa loquitur
several torts based on harm caused by defective products
negligence
several torts based on harm caused by defective products
express warranty
several torts based on harm caused by defective products
merchant
Question
Match between columns
exaggerated statement of quality
MacPherson vs. Buick
exaggerated statement of quality
comparative negligence
exaggerated statement of quality
strict liability
exaggerated statement of quality
opinion
exaggerated statement of quality
reliance
exaggerated statement of quality
privity of contract
exaggerated statement of quality
material
exaggerated statement of quality
merchantable
exaggerated statement of quality
disclaimer
exaggerated statement of quality
unconscionable
exaggerated statement of quality
puffing
exaggerated statement of quality
products liability
exaggerated statement of quality
chain of distribution
exaggerated statement of quality
res ipsa loquitur
exaggerated statement of quality
negligence
exaggerated statement of quality
express warranty
exaggerated statement of quality
merchant
Question
What are the four elements of a negligence cause of action?
Question
Match between columns
substantially unfair
MacPherson vs. Buick
substantially unfair
comparative negligence
substantially unfair
strict liability
substantially unfair
opinion
substantially unfair
reliance
substantially unfair
privity of contract
substantially unfair
material
substantially unfair
merchantable
substantially unfair
disclaimer
substantially unfair
unconscionable
substantially unfair
puffing
substantially unfair
products liability
substantially unfair
chain of distribution
substantially unfair
res ipsa loquitur
substantially unfair
negligence
substantially unfair
express warranty
substantially unfair
merchant
Question
Match between columns
waiver of warranties
MacPherson vs. Buick
waiver of warranties
comparative negligence
waiver of warranties
strict liability
waiver of warranties
opinion
waiver of warranties
reliance
waiver of warranties
privity of contract
waiver of warranties
material
waiver of warranties
merchantable
waiver of warranties
disclaimer
waiver of warranties
unconscionable
waiver of warranties
puffing
waiver of warranties
products liability
waiver of warranties
chain of distribution
waiver of warranties
res ipsa loquitur
waiver of warranties
negligence
waiver of warranties
express warranty
waiver of warranties
merchant
Question
Match between columns
fit for ordinary purposes
MacPherson vs. Buick
fit for ordinary purposes
comparative negligence
fit for ordinary purposes
strict liability
fit for ordinary purposes
opinion
fit for ordinary purposes
reliance
fit for ordinary purposes
privity of contract
fit for ordinary purposes
material
fit for ordinary purposes
merchantable
fit for ordinary purposes
disclaimer
fit for ordinary purposes
unconscionable
fit for ordinary purposes
puffing
fit for ordinary purposes
products liability
fit for ordinary purposes
chain of distribution
fit for ordinary purposes
res ipsa loquitur
fit for ordinary purposes
negligence
fit for ordinary purposes
express warranty
fit for ordinary purposes
merchant
Question
Name five possible causes of action that are possible when defective products cause injury.
Question
Match between columns
important to a decision
MacPherson vs. Buick
important to a decision
comparative negligence
important to a decision
strict liability
important to a decision
opinion
important to a decision
reliance
important to a decision
privity of contract
important to a decision
material
important to a decision
merchantable
important to a decision
disclaimer
important to a decision
unconscionable
important to a decision
puffing
important to a decision
products liability
important to a decision
chain of distribution
important to a decision
res ipsa loquitur
important to a decision
negligence
important to a decision
express warranty
important to a decision
merchant
Question
When is a statement material to a decision?
Question
Match between columns
the relationship that exists between contracting parties
MacPherson vs. Buick
the relationship that exists between contracting parties
comparative negligence
the relationship that exists between contracting parties
strict liability
the relationship that exists between contracting parties
opinion
the relationship that exists between contracting parties
reliance
the relationship that exists between contracting parties
privity of contract
the relationship that exists between contracting parties
material
the relationship that exists between contracting parties
merchantable
the relationship that exists between contracting parties
disclaimer
the relationship that exists between contracting parties
unconscionable
the relationship that exists between contracting parties
puffing
the relationship that exists between contracting parties
products liability
the relationship that exists between contracting parties
chain of distribution
the relationship that exists between contracting parties
res ipsa loquitur
the relationship that exists between contracting parties
negligence
the relationship that exists between contracting parties
express warranty
the relationship that exists between contracting parties
merchant
Question
What was the holding of the MacPherson vs. Buick case?
Question
Match between columns
placing confidence in someone or something
MacPherson vs. Buick
placing confidence in someone or something
comparative negligence
placing confidence in someone or something
strict liability
placing confidence in someone or something
opinion
placing confidence in someone or something
reliance
placing confidence in someone or something
privity of contract
placing confidence in someone or something
material
placing confidence in someone or something
merchantable
placing confidence in someone or something
disclaimer
placing confidence in someone or something
unconscionable
placing confidence in someone or something
puffing
placing confidence in someone or something
products liability
placing confidence in someone or something
chain of distribution
placing confidence in someone or something
res ipsa loquitur
placing confidence in someone or something
negligence
placing confidence in someone or something
express warranty
placing confidence in someone or something
merchant
Question
Match between columns
statement that cannot be objectively verified
MacPherson vs. Buick
statement that cannot be objectively verified
comparative negligence
statement that cannot be objectively verified
strict liability
statement that cannot be objectively verified
opinion
statement that cannot be objectively verified
reliance
statement that cannot be objectively verified
privity of contract
statement that cannot be objectively verified
material
statement that cannot be objectively verified
merchantable
statement that cannot be objectively verified
disclaimer
statement that cannot be objectively verified
unconscionable
statement that cannot be objectively verified
puffing
statement that cannot be objectively verified
products liability
statement that cannot be objectively verified
chain of distribution
statement that cannot be objectively verified
res ipsa loquitur
statement that cannot be objectively verified
negligence
statement that cannot be objectively verified
express warranty
statement that cannot be objectively verified
merchant
Question
Match between columns
responsibility for harm whether caused innocently, intentionally, or negligently
MacPherson vs. Buick
responsibility for harm whether caused innocently, intentionally, or negligently
comparative negligence
responsibility for harm whether caused innocently, intentionally, or negligently
strict liability
responsibility for harm whether caused innocently, intentionally, or negligently
opinion
responsibility for harm whether caused innocently, intentionally, or negligently
reliance
responsibility for harm whether caused innocently, intentionally, or negligently
privity of contract
responsibility for harm whether caused innocently, intentionally, or negligently
material
responsibility for harm whether caused innocently, intentionally, or negligently
merchantable
responsibility for harm whether caused innocently, intentionally, or negligently
disclaimer
responsibility for harm whether caused innocently, intentionally, or negligently
unconscionable
responsibility for harm whether caused innocently, intentionally, or negligently
puffing
responsibility for harm whether caused innocently, intentionally, or negligently
products liability
responsibility for harm whether caused innocently, intentionally, or negligently
chain of distribution
responsibility for harm whether caused innocently, intentionally, or negligently
res ipsa loquitur
responsibility for harm whether caused innocently, intentionally, or negligently
negligence
responsibility for harm whether caused innocently, intentionally, or negligently
express warranty
responsibility for harm whether caused innocently, intentionally, or negligently
merchant
Question
Match between columns
a way to apportion liability between the opposing parties
MacPherson vs. Buick
a way to apportion liability between the opposing parties
comparative negligence
a way to apportion liability between the opposing parties
strict liability
a way to apportion liability between the opposing parties
opinion
a way to apportion liability between the opposing parties
reliance
a way to apportion liability between the opposing parties
privity of contract
a way to apportion liability between the opposing parties
material
a way to apportion liability between the opposing parties
merchantable
a way to apportion liability between the opposing parties
disclaimer
a way to apportion liability between the opposing parties
unconscionable
a way to apportion liability between the opposing parties
puffing
a way to apportion liability between the opposing parties
products liability
a way to apportion liability between the opposing parties
chain of distribution
a way to apportion liability between the opposing parties
res ipsa loquitur
a way to apportion liability between the opposing parties
negligence
a way to apportion liability between the opposing parties
express warranty
a way to apportion liability between the opposing parties
merchant
Question
When is a disclaimer of warranty unconscionable?
Question
When are goods merchantable?
Question
Distinguish between a sale and a service.
Question
What are some of the causes of action asserted in mass tort litigation?
Question
What is the function of the Judicial Panel on Multidistrict Litigation?
Question
What are the five elements of strict liability in tort under § 402A?
Question
Why did the U.S. Supreme Court reject (refuse to certify) the asbestos class in Amchem ?
Question
Define mass tort.
Question
What is a reasonable alternative design?
Question
What are the four major kinds of mass torts?
Question
What is market share liability?
Question
What is RICO?
Question
Define class action.
Question
Match between columns
imposes a duty of reasonable care to foreseeable users
MacPherson vs. Buick
imposes a duty of reasonable care to foreseeable users
comparative negligence
imposes a duty of reasonable care to foreseeable users
strict liability
imposes a duty of reasonable care to foreseeable users
opinion
imposes a duty of reasonable care to foreseeable users
reliance
imposes a duty of reasonable care to foreseeable users
privity of contract
imposes a duty of reasonable care to foreseeable users
material
imposes a duty of reasonable care to foreseeable users
merchantable
imposes a duty of reasonable care to foreseeable users
disclaimer
imposes a duty of reasonable care to foreseeable users
unconscionable
imposes a duty of reasonable care to foreseeable users
puffing
imposes a duty of reasonable care to foreseeable users
products liability
imposes a duty of reasonable care to foreseeable users
chain of distribution
imposes a duty of reasonable care to foreseeable users
res ipsa loquitur
imposes a duty of reasonable care to foreseeable users
negligence
imposes a duty of reasonable care to foreseeable users
express warranty
imposes a duty of reasonable care to foreseeable users
merchant
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Deck 16: Products Liability
1
A product is defective if it is lacking in some particular that is essential to completeness, safety, or legal sufficiency.
True
2
Under § 402A, a product must not be unreasonably dangerous for its intended and foreseeable use.
True
3
Strict liability in tort cannot apply unless the defendant is found to be negligent.
False
4
Puffing is unexpected exaggeration of quality.
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5
Products liability is a tort.
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6
Match between columns
someone in the business of selling
MacPherson vs. Buick
someone in the business of selling
comparative negligence
someone in the business of selling
strict liability
someone in the business of selling
opinion
someone in the business of selling
reliance
someone in the business of selling
privity of contract
someone in the business of selling
material
someone in the business of selling
merchantable
someone in the business of selling
disclaimer
someone in the business of selling
unconscionable
someone in the business of selling
puffing
someone in the business of selling
products liability
someone in the business of selling
chain of distribution
someone in the business of selling
res ipsa loquitur
someone in the business of selling
negligence
someone in the business of selling
express warranty
someone in the business of selling
merchant
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7
Global peace cannot be achieved if parties opt out of a class action.
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8
Match between columns
a false statement of fact
MacPherson vs. Buick
a false statement of fact
comparative negligence
a false statement of fact
strict liability
a false statement of fact
opinion
a false statement of fact
reliance
a false statement of fact
privity of contract
a false statement of fact
material
a false statement of fact
merchantable
a false statement of fact
disclaimer
a false statement of fact
unconscionable
a false statement of fact
puffing
a false statement of fact
products liability
a false statement of fact
chain of distribution
a false statement of fact
res ipsa loquitur
a false statement of fact
negligence
a false statement of fact
express warranty
a false statement of fact
merchant
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9
In a settlement class action, the parties do not intend to litigate the claims made in the complaint because they have reached a settlement before trial.
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10
Match between columns
duty, breach of duty, proximate cause, damages
MacPherson vs. Buick
duty, breach of duty, proximate cause, damages
comparative negligence
duty, breach of duty, proximate cause, damages
strict liability
duty, breach of duty, proximate cause, damages
opinion
duty, breach of duty, proximate cause, damages
reliance
duty, breach of duty, proximate cause, damages
privity of contract
duty, breach of duty, proximate cause, damages
material
duty, breach of duty, proximate cause, damages
merchantable
duty, breach of duty, proximate cause, damages
disclaimer
duty, breach of duty, proximate cause, damages
unconscionable
duty, breach of duty, proximate cause, damages
puffing
duty, breach of duty, proximate cause, damages
products liability
duty, breach of duty, proximate cause, damages
chain of distribution
duty, breach of duty, proximate cause, damages
res ipsa loquitur
duty, breach of duty, proximate cause, damages
negligence
duty, breach of duty, proximate cause, damages
express warranty
duty, breach of duty, proximate cause, damages
merchant
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11
What are the main causes of action in a products liability case?

A) negligence, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and strict liability in tort
B) negligence, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and strict liability in tort
C) negligence, breach of express warranty, breach of implied warranty of merchantability, and strict liability in tort
D) negligence, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, strict liability in tort, and conversion
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12
Misuse is a defense to strict liability in tort when the misuse is unforeseeable and extreme.
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13
A duty of reasonable care is owed only to those in privity with the defendant.
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14
A mass tort is a separate cause of action.
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15
Match between columns
the accident ordinarily does not happen in the absence of someone's negligence
MacPherson vs. Buick
the accident ordinarily does not happen in the absence of someone's negligence
comparative negligence
the accident ordinarily does not happen in the absence of someone's negligence
strict liability
the accident ordinarily does not happen in the absence of someone's negligence
opinion
the accident ordinarily does not happen in the absence of someone's negligence
reliance
the accident ordinarily does not happen in the absence of someone's negligence
privity of contract
the accident ordinarily does not happen in the absence of someone's negligence
material
the accident ordinarily does not happen in the absence of someone's negligence
merchantable
the accident ordinarily does not happen in the absence of someone's negligence
disclaimer
the accident ordinarily does not happen in the absence of someone's negligence
unconscionable
the accident ordinarily does not happen in the absence of someone's negligence
puffing
the accident ordinarily does not happen in the absence of someone's negligence
products liability
the accident ordinarily does not happen in the absence of someone's negligence
chain of distribution
the accident ordinarily does not happen in the absence of someone's negligence
res ipsa loquitur
the accident ordinarily does not happen in the absence of someone's negligence
negligence
the accident ordinarily does not happen in the absence of someone's negligence
express warranty
the accident ordinarily does not happen in the absence of someone's negligence
merchant
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16
In a strict liability in tort case, someone who rents products in a business might be considered a seller.
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17
Tom is a passenger in a car made by the Ford Motor company, which Ted purchased from Richardson Ford. The car met with an accident in which Tom and Ted are injured.

A) Tom is in privity with Ted but not with Richardson Ford.
B) Ted is in privity with Richardson Ford but not with ford Motor Company.
C) Ted is in privity with Ford Motor company but not with Tom.
D) Tom is in privity with Richardson Ford but not with Ford Motor Company.
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18
Len is a salesman at Warren Appliances. He tells Helen, a customer, that the washing machine she is considering is A-1 quality. She buys it. A week later, when using the washing machine, a part on the machine flies out at her, injuring her eye.

A) Len's statement that the machine was A-1 quality was an express warranty.
B) Len's statement that the machine was A-1 quality created a warranty of merchantability.
C) Helen was justified in relying on Len's statement that the machine was A-1 quality.
D) Len's statement that the machine was A-1 quality was puffing.
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19
Match between columns
anyone who made, sold, or leased the product
MacPherson vs. Buick
anyone who made, sold, or leased the product
comparative negligence
anyone who made, sold, or leased the product
strict liability
anyone who made, sold, or leased the product
opinion
anyone who made, sold, or leased the product
reliance
anyone who made, sold, or leased the product
privity of contract
anyone who made, sold, or leased the product
material
anyone who made, sold, or leased the product
merchantable
anyone who made, sold, or leased the product
disclaimer
anyone who made, sold, or leased the product
unconscionable
anyone who made, sold, or leased the product
puffing
anyone who made, sold, or leased the product
products liability
anyone who made, sold, or leased the product
chain of distribution
anyone who made, sold, or leased the product
res ipsa loquitur
anyone who made, sold, or leased the product
negligence
anyone who made, sold, or leased the product
express warranty
anyone who made, sold, or leased the product
merchant
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20
What are the three categories of defects in products liability cases?
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21
Distinguish between fact and opinion.
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22
Match between columns
several torts based on harm caused by defective products
MacPherson vs. Buick
several torts based on harm caused by defective products
comparative negligence
several torts based on harm caused by defective products
strict liability
several torts based on harm caused by defective products
opinion
several torts based on harm caused by defective products
reliance
several torts based on harm caused by defective products
privity of contract
several torts based on harm caused by defective products
material
several torts based on harm caused by defective products
merchantable
several torts based on harm caused by defective products
disclaimer
several torts based on harm caused by defective products
unconscionable
several torts based on harm caused by defective products
puffing
several torts based on harm caused by defective products
products liability
several torts based on harm caused by defective products
chain of distribution
several torts based on harm caused by defective products
res ipsa loquitur
several torts based on harm caused by defective products
negligence
several torts based on harm caused by defective products
express warranty
several torts based on harm caused by defective products
merchant
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23
Match between columns
exaggerated statement of quality
MacPherson vs. Buick
exaggerated statement of quality
comparative negligence
exaggerated statement of quality
strict liability
exaggerated statement of quality
opinion
exaggerated statement of quality
reliance
exaggerated statement of quality
privity of contract
exaggerated statement of quality
material
exaggerated statement of quality
merchantable
exaggerated statement of quality
disclaimer
exaggerated statement of quality
unconscionable
exaggerated statement of quality
puffing
exaggerated statement of quality
products liability
exaggerated statement of quality
chain of distribution
exaggerated statement of quality
res ipsa loquitur
exaggerated statement of quality
negligence
exaggerated statement of quality
express warranty
exaggerated statement of quality
merchant
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24
What are the four elements of a negligence cause of action?
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25
Match between columns
substantially unfair
MacPherson vs. Buick
substantially unfair
comparative negligence
substantially unfair
strict liability
substantially unfair
opinion
substantially unfair
reliance
substantially unfair
privity of contract
substantially unfair
material
substantially unfair
merchantable
substantially unfair
disclaimer
substantially unfair
unconscionable
substantially unfair
puffing
substantially unfair
products liability
substantially unfair
chain of distribution
substantially unfair
res ipsa loquitur
substantially unfair
negligence
substantially unfair
express warranty
substantially unfair
merchant
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26
Match between columns
waiver of warranties
MacPherson vs. Buick
waiver of warranties
comparative negligence
waiver of warranties
strict liability
waiver of warranties
opinion
waiver of warranties
reliance
waiver of warranties
privity of contract
waiver of warranties
material
waiver of warranties
merchantable
waiver of warranties
disclaimer
waiver of warranties
unconscionable
waiver of warranties
puffing
waiver of warranties
products liability
waiver of warranties
chain of distribution
waiver of warranties
res ipsa loquitur
waiver of warranties
negligence
waiver of warranties
express warranty
waiver of warranties
merchant
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27
Match between columns
fit for ordinary purposes
MacPherson vs. Buick
fit for ordinary purposes
comparative negligence
fit for ordinary purposes
strict liability
fit for ordinary purposes
opinion
fit for ordinary purposes
reliance
fit for ordinary purposes
privity of contract
fit for ordinary purposes
material
fit for ordinary purposes
merchantable
fit for ordinary purposes
disclaimer
fit for ordinary purposes
unconscionable
fit for ordinary purposes
puffing
fit for ordinary purposes
products liability
fit for ordinary purposes
chain of distribution
fit for ordinary purposes
res ipsa loquitur
fit for ordinary purposes
negligence
fit for ordinary purposes
express warranty
fit for ordinary purposes
merchant
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28
Name five possible causes of action that are possible when defective products cause injury.
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29
Match between columns
important to a decision
MacPherson vs. Buick
important to a decision
comparative negligence
important to a decision
strict liability
important to a decision
opinion
important to a decision
reliance
important to a decision
privity of contract
important to a decision
material
important to a decision
merchantable
important to a decision
disclaimer
important to a decision
unconscionable
important to a decision
puffing
important to a decision
products liability
important to a decision
chain of distribution
important to a decision
res ipsa loquitur
important to a decision
negligence
important to a decision
express warranty
important to a decision
merchant
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30
When is a statement material to a decision?
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31
Match between columns
the relationship that exists between contracting parties
MacPherson vs. Buick
the relationship that exists between contracting parties
comparative negligence
the relationship that exists between contracting parties
strict liability
the relationship that exists between contracting parties
opinion
the relationship that exists between contracting parties
reliance
the relationship that exists between contracting parties
privity of contract
the relationship that exists between contracting parties
material
the relationship that exists between contracting parties
merchantable
the relationship that exists between contracting parties
disclaimer
the relationship that exists between contracting parties
unconscionable
the relationship that exists between contracting parties
puffing
the relationship that exists between contracting parties
products liability
the relationship that exists between contracting parties
chain of distribution
the relationship that exists between contracting parties
res ipsa loquitur
the relationship that exists between contracting parties
negligence
the relationship that exists between contracting parties
express warranty
the relationship that exists between contracting parties
merchant
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32
What was the holding of the MacPherson vs. Buick case?
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33
Match between columns
placing confidence in someone or something
MacPherson vs. Buick
placing confidence in someone or something
comparative negligence
placing confidence in someone or something
strict liability
placing confidence in someone or something
opinion
placing confidence in someone or something
reliance
placing confidence in someone or something
privity of contract
placing confidence in someone or something
material
placing confidence in someone or something
merchantable
placing confidence in someone or something
disclaimer
placing confidence in someone or something
unconscionable
placing confidence in someone or something
puffing
placing confidence in someone or something
products liability
placing confidence in someone or something
chain of distribution
placing confidence in someone or something
res ipsa loquitur
placing confidence in someone or something
negligence
placing confidence in someone or something
express warranty
placing confidence in someone or something
merchant
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34
Match between columns
statement that cannot be objectively verified
MacPherson vs. Buick
statement that cannot be objectively verified
comparative negligence
statement that cannot be objectively verified
strict liability
statement that cannot be objectively verified
opinion
statement that cannot be objectively verified
reliance
statement that cannot be objectively verified
privity of contract
statement that cannot be objectively verified
material
statement that cannot be objectively verified
merchantable
statement that cannot be objectively verified
disclaimer
statement that cannot be objectively verified
unconscionable
statement that cannot be objectively verified
puffing
statement that cannot be objectively verified
products liability
statement that cannot be objectively verified
chain of distribution
statement that cannot be objectively verified
res ipsa loquitur
statement that cannot be objectively verified
negligence
statement that cannot be objectively verified
express warranty
statement that cannot be objectively verified
merchant
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35
Match between columns
responsibility for harm whether caused innocently, intentionally, or negligently
MacPherson vs. Buick
responsibility for harm whether caused innocently, intentionally, or negligently
comparative negligence
responsibility for harm whether caused innocently, intentionally, or negligently
strict liability
responsibility for harm whether caused innocently, intentionally, or negligently
opinion
responsibility for harm whether caused innocently, intentionally, or negligently
reliance
responsibility for harm whether caused innocently, intentionally, or negligently
privity of contract
responsibility for harm whether caused innocently, intentionally, or negligently
material
responsibility for harm whether caused innocently, intentionally, or negligently
merchantable
responsibility for harm whether caused innocently, intentionally, or negligently
disclaimer
responsibility for harm whether caused innocently, intentionally, or negligently
unconscionable
responsibility for harm whether caused innocently, intentionally, or negligently
puffing
responsibility for harm whether caused innocently, intentionally, or negligently
products liability
responsibility for harm whether caused innocently, intentionally, or negligently
chain of distribution
responsibility for harm whether caused innocently, intentionally, or negligently
res ipsa loquitur
responsibility for harm whether caused innocently, intentionally, or negligently
negligence
responsibility for harm whether caused innocently, intentionally, or negligently
express warranty
responsibility for harm whether caused innocently, intentionally, or negligently
merchant
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36
Match between columns
a way to apportion liability between the opposing parties
MacPherson vs. Buick
a way to apportion liability between the opposing parties
comparative negligence
a way to apportion liability between the opposing parties
strict liability
a way to apportion liability between the opposing parties
opinion
a way to apportion liability between the opposing parties
reliance
a way to apportion liability between the opposing parties
privity of contract
a way to apportion liability between the opposing parties
material
a way to apportion liability between the opposing parties
merchantable
a way to apportion liability between the opposing parties
disclaimer
a way to apportion liability between the opposing parties
unconscionable
a way to apportion liability between the opposing parties
puffing
a way to apportion liability between the opposing parties
products liability
a way to apportion liability between the opposing parties
chain of distribution
a way to apportion liability between the opposing parties
res ipsa loquitur
a way to apportion liability between the opposing parties
negligence
a way to apportion liability between the opposing parties
express warranty
a way to apportion liability between the opposing parties
merchant
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37
When is a disclaimer of warranty unconscionable?
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38
When are goods merchantable?
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39
Distinguish between a sale and a service.
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40
What are some of the causes of action asserted in mass tort litigation?
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41
What is the function of the Judicial Panel on Multidistrict Litigation?
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42
What are the five elements of strict liability in tort under § 402A?
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43
Why did the U.S. Supreme Court reject (refuse to certify) the asbestos class in Amchem ?
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44
Define mass tort.
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45
What is a reasonable alternative design?
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46
What are the four major kinds of mass torts?
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47
What is market share liability?
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48
What is RICO?
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49
Define class action.
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50
Match between columns
imposes a duty of reasonable care to foreseeable users
MacPherson vs. Buick
imposes a duty of reasonable care to foreseeable users
comparative negligence
imposes a duty of reasonable care to foreseeable users
strict liability
imposes a duty of reasonable care to foreseeable users
opinion
imposes a duty of reasonable care to foreseeable users
reliance
imposes a duty of reasonable care to foreseeable users
privity of contract
imposes a duty of reasonable care to foreseeable users
material
imposes a duty of reasonable care to foreseeable users
merchantable
imposes a duty of reasonable care to foreseeable users
disclaimer
imposes a duty of reasonable care to foreseeable users
unconscionable
imposes a duty of reasonable care to foreseeable users
puffing
imposes a duty of reasonable care to foreseeable users
products liability
imposes a duty of reasonable care to foreseeable users
chain of distribution
imposes a duty of reasonable care to foreseeable users
res ipsa loquitur
imposes a duty of reasonable care to foreseeable users
negligence
imposes a duty of reasonable care to foreseeable users
express warranty
imposes a duty of reasonable care to foreseeable users
merchant
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