Deck 16: Products Liability
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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
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7
Global peace cannot be achieved if parties opt out of a class action.
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8
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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
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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
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
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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.
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.
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
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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
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23
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24
What are the four elements of a negligence cause of action?
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25
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26
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27
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28
Name five possible causes of action that are possible when defective products cause injury.
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29
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30
When is a statement material to a decision?
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31
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32
What was the holding of the MacPherson vs. Buick case?
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33
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34
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35
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36
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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
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