Deck 10: Product Liability

Question 1

Japanese law does not recognize fault on the part of the consumer in product liability cases,forcing manufacturers to bear the full burden of liability when a product is found to be defective.

Answer 1

False

Question 2

If a manufacturer fails to provide adequate warnings about potential dangers associated with a product,the product may be found defective.

Answer 2

True

Question 3

In a state that allows the contributory negligence defense,the plaintiff can recover for only that portion of the harm attributable to the defendant's negligence.

Answer 3

False

Question 4

Anthony is a trained exterminator who received yearly instruction regarding precautions that should be taken in relation to the use of pesticides.After being told that he suffered allergies and other ailments based on exposure to the pesticides,Anthony sued the manufacturers of the pesticides at issue based on a failure to warn theory.The defendants' best argument based on Anthony's prior training is the _ defense.

A)Trained technician
B)Unharmed user
C)Sophisticated-user
D)Knowledgeable user
E)Workers' compensation

Question 5

A producer of razor blades need not warn consumers that a razor blade may cut someone.

Question 6

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

Question 7

An implied warranty is a warranty that is clearly stated by the seller or manufacturer.

Question 8

A manufacturer of a raw material,such as baking soda,has no duty to warn the public of the consequences of using the product in a dangerous or criminal manner.

Question 9

Strict product liability focuses on the actions of the manufacturer or seller,not the product.

Question 10

Even if a harmful product cannot be traced back to a particular manufacturer,a plaintiff may still be able to recover in a products liability action under the market share theory.

Question 11

Product liability law is based primarily on ________.

A)Administrative law.
B)Corporate law.
C)International law.
D)Contract law.
E)Tort law.

Question 12

In a product liability lawsuit,a mere bystander may not invoke the doctrine of strict-liability.

Question 13

Which of the following theories of recovery are commonly used in product liability cases?

A)Strict product liability,negligence per se,and breach of express warranty.
B)Negligence per se,and breach of implied warranty.
C)Negligence per se and negligence.
D)Negligence,strict product liability,and breach of warranty.
E)Breach of warranty,negligence,and negligence per se.

Question 14

Which of the following elements must a plaintiff generally show in order to recover in a product liability lawsuit?

A)That the product is defective and also that the defect existed when the product left the defendant's control.
B)That the product is defective,that the defect existed when the product left the defendant's control,and also that the defendant was negligent.
C)Only that the product is defective.
D)That the defendant was negligent.
E)That the defect should have been discovered and fixed prior to sale.

Question 15

Negligence per se is the same thing as negligence.

Question 16

Consumers do not have a right to recover damages for pain and suffering or for emotional distress in German product liability cases.

Question 17

The lack of a feasible way to make a safer product prevents liability based upon an alleged defective product as a matter of law.

Question 18

The state-of-the-art defense is not available in all states in strict liability cases.

Question 19

In order to prevail in a product liability action,a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Question 20

What was the result in Radford v.Wells Fargo Bank,the case from the text in which the plaintiff claimed that a mortgage loan was a defective product?

A)The court ruled that while a loan is a product,the plaintiff was barred from proceeding because he had not alleged that he was in mortgage foreclosure,a necessary predicate for a lawsuit alleging defect based on a mortgage loan.
B)The court ruled that while a loan is a product,the plaintiff was barred from proceeding because he had not alleged that he was in bankruptcy,a necessary predicate for a lawsuit alleging defect based on a mortgage loan.
C)The court allowed the case to proceed on the basis that a loan is a product.
D)The court ruled that a loan is not a product for purposes of product liability law,recognizing that product liability focuses on tangible items.
E)The court ruled that while a loan is a product,the plaintiff was barred from proceeding because he had not alleged usury,a necessary predicate for a lawsuit alleging defect based on a mortgage loan.

Question 21

Section 402A of the Restatement Second)of Torts addresses which theory of liability?

A)Breach of warranty.
B)Preemption.
C)Assumption of the risk.
D)Negligence.
E)Strict product liability.

Question 22

Which statement is true regarding damages that may be recovered in negligence-based product liability cases?

A)Compensatory damages and punitive damages may be recovered.
B)Compensatory damages may be recovered,but punitive damages may not be recovered.
C)Compensatory damages or punitive damages may be recovered,but not both.
D)Punitive damages may be recovered,but compensatory damages may not be recovered.
E)Manufacturing damages may be recovered in place of compensatory damages and punitive damages,and administrative damages may be recovered.

Question 23

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover?

A)Last-clear-chance.
B)Contributory negligence.
C)Assumption of the risk.
D)Pure comparative fault.
E)Strict behavior.

Question 24

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable,given the available scientific knowledge existing at the time the product was sold or produced?

A)Reasonable behavior defense.
B)Assumption of the risk.
C)Scientific knowledge doctrine.
D)Reasonable manufacturer defense.
E)State-of-the-art defense.

Question 25

Which of the following entities are considered foreseeable plaintiffs in product liability cases?

A)Users,consumers and bystanders.
B)Users but not consumers or bystanders.
C)Users and consumers but not bystanders.
D)The purchaser only.
E)The purchaser and the purchaser's immediate family only.

Question 26

Under a strict product liability theory,who may be held liable to an injured party?

A)Distributors only.
B)Manufacturers,distributors,and retailers.
C)Manufacturers and distributors but not retailers.
D)Manufacturers only.
E)Retailers only.

Question 27

A defendant who acts in compliance with federal laws may argue that state tort law is ________ by a federal statute designed to ensure the safety of a particular class of products.

A)Refuted
B)Extinguished
C)Upheld
D)Complimented
E)Preempted

Question 28

Under a strict product liability theory,who is considered a reasonably foreseeable party who may recover if injury is sustained?

A)Only the buyer and the buyer's family.
B)The buyer,the buyer's family,the buyer's guests,and foreseeable bystanders.
C)Only the buyer,the buyer's family,and the buyer's guests.
D)The buyer only.
E)Only the buyer and any one present in the buyer's home when injury is sustained.

Question 29

When an individual is a party to a contract,the law recognizes that individual as ________.

A)Being connected by contract.
B)Being in connect to contract.
C)Being in privity of contract.
D)Being in affiliation with contract.
E)Being in association with contract.

Question 30

Which entities may be sued in product liability actions?

A)Retailers and wholesalers but not manufacturers.
B)Retailers and manufacturers but not wholesalers.
C)Manufacturers but not retailers or wholesalers.
D)Retailers,wholesalers,and manufacturers.
E)Wholesalers and manufacturers but not retailers.

Question 31

When all products of a particular design are defective and dangerous,those products have which of the following types of defect?

A)Primary.
B)Design.
C)Exclusionary.
D)Manufacturing.
E)Warning.

Question 32

Which statement is true regarding the application of negligence per se in product liability cases based on negligence?

A)The doctrine of negligence per se is applicable to product liability cases only if the cases are based on failure to warn.
B)The doctrine of negligence per se is applicable to product liability cases only if the cases are based on manufacturing defect.
C)The doctrine of negligence per se is applicable to product liability cases only if the cases are based on design defect.
D)The doctrine of negligence per se is never available in product liability cases.
E)The doctrine of negligence per se is also applicable to product liability cases based on negligence.

Question 33

Which of the following defenses identifies that the harm was caused by the plaintiff's failure to properly use the product rather than by the defendant's negligence?

A)Misapplication.
B)Assumption of the risk.
C)Pure comparative fault.
D)Last-clear-chance.
E)Product misuse.

Question 34

Which of the following was true prior to the landmark 1916 case of MacPherson v.Buick Motor Company?

A)Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty.
B)Causes of actions against manufacturers of products were barred by an amendment to the U.S.Constitution that has since been repealed.
C)Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing causation.
D)Causes of actions against manufacturers of products were barred under federal law.
E)Negligence was often used as a theory of recovery because of the ease in establishing privity of contract.

Question 35

What was the result on appeal of the R.J.Reynolds Tobacco case in the text in which the trial court awarded a smoker approximately $200,000 against R.J.Reynolds Tobacco?

A)The appellate court reversed the award because consumers were harmed only when they misused the product.
B)The appellate court affirmed the award,even though the product was misused.
C)The appellate court affirmed the award against R.J.Reynolds Tobacco,which before 1969 had negligently failed to warn smokers of the harm associated with smoking cigarettes.
D)The appellate court reversed the award because harm from smoking cigarettes was unforeseeable.
E)The appellate court reversed the award,finding the company had no duty to warn smokers of the harm associated with smoking cigarettes.

Question 36

Which statement is true regarding punitive damages in product liability cases?

A)Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole.
B)Punitive damages are not available in product liability actions.
C)The amount of the punitive-damage award is determined by the wealth of the defendant and the maliciousness of the action.
D)The amount of the punitive-damage award is determined by the wealth of the defendant only.
E)The amount of the punitive-damage award is determined by the maliciousness of the action only.

Question 37

Following the case of MacPherson v.Buick Motor Company,any plaintiff can sue a manufacturer for its breach of duty of care.

A)adult
B)unforeseeable
C)believable
D)contracting
E)foreseeable

Question 38

When an individual product has a defect making it more dangerous than identical products,that individual product is said to have which of the following defects?

A)Design.
B)Exclusionary.
C)Primary.
D)Warning.
E)Manufacturing.

Question 39

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

A)The likelihood of the injury only.
B)The likelihood of the injury and the seriousness of the injury but not the ease of warning.
C)The seriousness of the injury only.
D)The likelihood of the injury,the seriousness of the injury,and the ease of warning.
E)The ease of warning only.

Question 40

Which statement is true regarding defenses to negligence-based product liability actions?

A)A defendant may rely upon the defense of contributory,comparative,or modified comparative negligence,depending upon which defense is accepted by the state where the case arose.
B)A defendant may not rely upon contributory,comparative,or modified comparative negligence because no defenses are available in such a lawsuit.The only issue will be the amount of damage.
C)A defendant may only rely upon modified comparative negligence.
D)A defendant may only rely upon comparative negligence.
E)A defendant may only rely upon contributory negligence.

Question 41

The breach of warranty theory of liability is established in the ________.

A)The Federal Commercial Code.
B)The Restatement Third)of Torts.
C)The Uniform Commercial Code.
D)The Federal Contract Guide.
E)The Restatement Second)of Torts.

Question 42

Under the Restatement Third)of Torts,which of the following results in strict liability?

A)A manufacturing defect but not a design defect or a failure to warn.
B)A design defect and a failure to warn but not a manufacturing defect.
C)A design defect but not a manufacturing defect or a failure to warn.
D)A manufacturing defect,a design defect,and a failure to warn.
E)Both a manufacturing defect and a design defect but not a failure to warn.

Question 43

Which of the following causes of action stem from contract theory?

A)Negligence.
B)Failure to warn and breach of warranty.
C)Failure to warn.
D)Strict liability in tort.
E)Breach of warranty.

Question 44

Which statement is true regarding warnings and the usage of products by children?

A)Warnings are only required for minors above the age of twelve because it is assumed that children under that age will not be able to comprehend warnings.
B)There is a duty to warn when children are involved,but it is no different from the duty to warn when only adults are expected to use a product.
C)Warnings are only required for children whose parents actually purchased the product.
D)Picture warnings could be required if children are likely come into contact with the product and risk harm from its use.
E)There is no duty to warn when children are involved because it is assumed that parents are responsible.

Question 45

When a plaintiff cannot trace an injury caused by a defective product to any particular manufacturer,which theory may allow the plaintiff to still obtain a recovery?

A)The shared liability theory.
B)The shared production theory.
C)The trade theory.
D)The market share theory.
E)The shared market liability theory.

Question 46

What was the result in the case opener involving the lawsuit against the sperm bank for providing sperm with a genetic defect?

A)The lawsuit was not dismissed,and the court ruled that a sperm bank could be sued under product liability laws.
B)The lawsuit was not dismissed although the court ruled that the plaintiff could proceed only under a negligence theory.
C)The lawsuit was dismissed because of the court's decision that the sperm was not defective.
D)The lawsuit was dismissed because of the court's decision that the plaintiffs had suffered no damages.
E)The lawsuit was dismissed because of the court's decision that sperm is not a product.

Question 47

Which statement is true regarding any assertion by Rachel's parents that a warning should have been affixed to the product itself to warn adults as well as children?

A)Most state laws provide that manufacturers are not required to affix warnings directly to a product.
B)If parties other than the original purchasers will likely use the product,a warning should be placed directly on the product itself.
C)Court cases hold that warnings on a product are not required so long as the purchaser is given an instructional pamphlet setting forth warnings.
D)There is a federal law that provides that manufacturers are not required to affix warnings directly to a product.
E)Rachel's parents cannot complain because they did not purchase the squirt gun.

Question 48

[Allergy Injuries] Drug company ABC Drugs introduced a new over-the-counter allergy pill guaranteed to prevent sneezing and sniffling for twenty-four hours after the consumption of one pill.The packaging contained warnings of the drug's side effects,including nausea and headache.After it was initially put on the market,the company became aware of a risk of dizziness from the drug in people with high blood pressure.However,the company did not warn of the additional risk because the company was concerned that individuals might not buy the pill.The risk of dizziness for the average person was extremely low.Julia had suffered allergies for years and had tried nearly every new product on the market.She even maintained a blog called "Ask the Expert About Allergies." She thought that ABC's pill was a great idea and purchased it at her local convenient store.She purchased the product after the date the company became aware of the issues involving dizziness.She took one pill and felt fine for a few days.Then,however,she began feeling dizzy.Her dizziness caused her to fall and break her leg on a flight of steps.She later discovered that the allergy pill likely made her dizzy.Julia sued under state law alleging failure to warn of the dangerous side effect of the drug.The drug company claimed that it had no duty to list dizziness as a risk because it was anover-the-counter drug and the risk of dizziness to the average person was extremely rare.
Is the company correct that it had no duty to warn of the risk of dizziness?

A)Yes because it was an over-the-counter drug and the risk of dizziness to the average person was extremely low.
B)Yes,because it was an over-the-counter drug.
C)No,because the drug contained an ingredient which adversely affected some people with high blood pressure and the company knew or should have known about the risk to individuals with high blood pressure.
D)No,but only if the plaintiff can show the drug adversely affected all individuals with high blood pressure and she was a member of that group.
E)Yes.Although the company knew or should have known about the risk to individuals with high blood pressure,the drug was an over-the-counter drug and the company thus had no duty to protect every person in every situation.

Question 49

Which of the following tests is set out in the Restatement Second)of Torts as a method by which to prove a design defect?

A)The consumer expectations test.
B)The risk-utility test.
C)The design defect test.
D)The consumer propensity test.
E)The feasible alternatives test.

Question 50

What is another name for the risk-utility test?

A)The design defects test.
B)The manufacturing purposes test.
C)The retailer expectations test.
D)The feasible alternatives test.
E)The consumer expectations test.

Question 51

As recognized by the court in Sperry-New Holland v.John Paul Prestage and Pam Prestage,which of the following is true regarding the consumer expectations test for product defect?

A)That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product,whether foreseeable or not,outweighs the utility of the product.
B)That if the plaintiff,applying the knowledge of an ordinary consumer,sees the danger and can appreciate that danger,then he cannot recover for any injury resulting from that appreciated danger.
C)That a plaintiff may only recover if consumer oriented household goods are involved.
D)That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury.
E)That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance,that the manufacturer did have insurance of the type to cover the injury at issue,and that the plaintiff had no part in causing the injury.

Question 52

Which of the following is true regarding proof of design defect?

A)State law across the country is generally uniform concerning what proof is required to establish a design defect.
B)States are not in agreement concerning what proof is required to establish a design defect.
C)State law is irrelevant because federal law dictates what proof is required to establish a design defect.
D)Each local county in each state determines what proof is required to establish a design defect.
E)Because of the amount of international trade,there are international treaties establishing for each U.S.state concerning what proof is required to establish a design defect.

Question 53

Kobi was thrilled about his first new vehicle purchase.He borrowed funds from his bank with which to purchase the car.Unfortunately,just a few days after he purchased the vehicle,the pistons in the engine overheated causing the engine to seize and rendering the vehicle unusable.No one was injured,but Kobi is very upset about his vehicle and plans to sue.Which of the following is the most likely resolution of his claim?

A)He will be allowed to proceed only if he can establish that he did appropriate research prior to purchasing the vehicle and had no reason to know that it was likely to be defective.
B)He will be allowed to proceed if his sales contract contains a disclaimer that includes the word merchantability.
C)He will be allowed to proceed so long as he is up-to-date on his loan payments.
D)He will not be allowed to proceed because the only avenue for this type of claim is through a negligence action.
E)He will be allowed to proceed because the vehicle was in a defective condition.

Question 54

When an individual glass bottle of soda shatters in someone's hand causing a cut,and most bottles of the same type do not ordinarily shatter in that manner,the most likely type of defect in that bottle is a ________ defect.

A)Manufacturing
B)Warning
C)Design
D)Negligent
E)Punitive

Question 55

What was the ruling of the court in the case of Welge v.Planters Lifesavers Co. ,the case in which the plaintiff injured his hand when a jar containing peanuts broke?

A)That the case would be dismissed because the plaintiff could not establish that the jar was maintained in a pristine condition after its purchase.
B)That the plaintiff would be allowed to proceed on his claim because negligence was established.
C)That the plaintiff would be allowed to proceed on his claim because the defendant was unable to establish that the jar had been damaged after its purchase.
D)That the plaintiff was unable to recover on his claim because he was not the actual purchaser of the jar of peanuts.
E)That the plaintiff was unable to recover on his claim because negligence in manufacture of the jar could not be established.

Question 56

As recognized by the court in Sperry-New Holland v.John Paul Prestage and Pam Prestage,which of the following is true under the risk-utility analysis of product liability?

A)That a plaintiff must show that a retailer failed to do a proper risk-utility analysis before the plaintiff can recover against the retailer.
B)That a product is unreasonably dangerous if a reasonable person would conclude that the danger-in-fact,whether foreseeable or not,outweighs the utility of product.
C)That a plaintiff must show that a manufacturer failed to do a proper risk-utility analysis before the plaintiff can recover against the manufacturer.
D)That a reasonable person must conclude that the use-in-fact of a product outweighs the risk-utility of the product.
E)That if the plaintiff,applying the knowledge of an ordinary consumer,sees a danger and can appreciate that danger,then he cannot recover for any injury resulting from that appreciated danger.

Question 57

Which statement is true regarding a lawsuit brought by Rachel's parents against the manufacturer of the squirt gun for strict liability?

A)Although privity of contract is not an issue,Rachel's parents would be unable to prevail in a strict liability action because Rachel did not sustain permanent physical injury.
B)Rachel's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.
C)Although privity of contract is not an issue,Rachel's parents would be unable to prevail in an action against the manufacturer for strict liability because they did not read the instruction booklet.
D)Because neither Rachel nor her parents were in privity of contract with the seller,a lawsuit based on strict liability in tort is barred.
E)Privity of contract is not necessary in order to sue based on strict liability,so the fact that neither Rachel nor her parents were in privity of contract with the seller would not prevent a strict liability-based action.

Question 58

In a product liability action in which strict liability is alleged,courts focus on ________.

A)Whether the seller exercised all possible care in the preparation and sale of the product.
B)Whether the manufacturer was negligent.
C)Whether the product was in a defective condition and unreasonably dangerous when sold.
D)Whether the manufacturer knew of a problem with the product.
E)Whether the consumer had a contractual relationship with the seller.

Question 59

[Squirt Gun Mishap] Marie decided to purchase a large squirt gun for her son,Alex,to use while playing in the pool.The squirt gun was of the very elaborate variety and had a number of different attachments for different sprays of water.The squirt gun came with instructions for assembly and use,and provided warnings against various types of misuse.The pamphlet that came with the squirt gun advised that the squirt gun should be used only under adult supervision,that it must not be used by children under 11 years old,and that nothing should be put into the squirt gun except water.Alex had a party for his tenth birthday at the pool.A number of children came.A guest,Sophie,age 10,decided to load pebbles along with water into the gun.She began shooting the gun and hit Rachel,another guest,in the eye,requiring treatment at an emergency room.Rachel required some minor surgery,but sustained no permanent injury.Rachel's parents stated that they looked at the squirt gun when they initially arrived at the party,but did not notice any warnings affixed directly to the product.Rachel's parents want to sue someone for something,but they do not particularly want to sue Marie,their friend and hostess of the party.
Which statement is true regarding a lawsuit brought by Rachel's parents against the manufacturer of the squirt gun for negligence?

A)Although privity of contract is not an issue,Rachel's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet.
B)Rachel's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.
C)Although privity of contract is not an issue,Rachel's parents would be unable to prevail in a negligence action because Rachel did not sustain permanent physical injury.
D)Privity of contract is not necessary in order to sue for negligence so the fact that neither Rachel nor her parents were in privity of contract with the seller would not prevent a negligence-based action.
E)Because neither Rachel nor her parents were in privity of contract with the seller,no one other than Marie may be sued for negligence.

Question 60

What was the Supreme Court of California's ruling in Kesner v.Pseuno Abex LLC,the case in the text in which the plaintiff sued his uncle's employer for harm from contact with asbestos carried from the worksite on his uncle's clothing?

A)That the trial court's dismissal of the case was reversed because employers owe a duty of care for exposure to third persons who may come into contact with asbestos that employees carry away from the worksite on their clothing.
B)That the case was properly dismissed because the defendant did not have a duty of care to protect the plaintiff from take-home exposure to asbestos.
C)That the trial court's dismissal was reversed because premises owners owe a duty of care to unknown third persons.
D)That the case was properly dismissed because the duty of care does not extend to family members.
E)That the case was properly dismissed because Kesner had not been employed by the defendant.

Question 61

If Alessia is awarded a million dollars in her lawsuit,how would the judge apportion liability under the Market Share Theory?

A)ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time the product was produced.
B)ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time of Alessia's injury.
C)ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time of the judgment.
D)ColorCo,PaintCo,and BrightCo would each be liable for 1/3 of the judgment.
E)ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time the paint was purchased.

Question 62

Which of the following is true about product liability insurance?

A)Start-up companies can always meet the insurance company's requirements for product liability insurance.
B)Start-up companies often have difficulty obtaining product liability insurance.
C)A company's annual sales is not relevant in obtaining product liability insurance.
D)Insurance premiums for start-up companies are low.
E)The purpose of the product is not relevant in obtaining product liability insurance.

Question 63

What is the term used by courts for testimony by researchers that includes biased data,spurious inferences,data dredging,and sometimes fraud?

A)Biased science.
B)Expert testimony.
C)Junk science.
D)Dredging.
E)Circumstantial evidence.

Question 64

Which of the following is not a factor that a trial court may find helpful when balancing a product's utility against the risk the product creates,as set forth in the text from the Sperry-New Holland v.Prestage case?

A)the availability of a substitute product that would meet the same need and not be as unsafe
B)the manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility
C)the usefulness and desirability of the product
D)the product's design,look and feel
E)the product's safety aspects

Question 65

What was the result in the text's case involving a plaintiff who suffered permanent liver damages as a result of drinking a glass of wine with a Tylenol capsule?

A)For plaintiff,because no comparative negligence was found.
B)For defendant,because the plaintiff's adverse reaction from the ingestion of only one capsule was extremely rare.
C)For defendant,because it had no duty to warn.
D)For plaintiff,because the degree of potential harm was substantial and it would have been easy to place a warning.
E)For defendant,because there was no proof of market share.

Question 66

[Lead paint] Alessia grew up in an old house.She was diagnosed with permanent kidney and nervous system damage,which doctors determined was linked to the lead paint she chipped off her windows and digested when she was younger.In order to offset some of the continuing medical costs,Alessia wants to sue the lead paint manufacturer,however,she doesn't know what brand of paint was used in her home.The most popular brand of lead paint in her area at the time the interior of her house was painted was made by ColorCo,but PaintCo and BrightCo were significant producers also.
Which paint manufacturers can Alessia sue?

A)ColorCo,PaintCo,and BrightCo,but only if their products were identical,shared the same defective qualities and were sold in Alessia's area during the relevant time
B)The manufacturer that most likely produced the paint that harmed her
C)ColorCo,PaintCo,and BrightCo,but only if their products were identical,shared the same defective qualities,and they were the only manufacturers of lead paint in her area at the time
D)ColorCo,the largest manufacturer
E)The manufacturer that produced the paint that harmed her

Question 67

Which of the following products would likely have the lowest cost for product liability insurance?

A)Window blinds with cords.
B)Microwave ovens.
C)Decorative wall art.
D)Lamps.
E)Coffee makers.

Question 68

In Scandinavian countries,manufacturers,producers,and importers of similar products form cooperative groups and obtain a product liability insurance policy.These types of insurance groups are called ________.

A)Bonded insurance groups.
B)Scandinavian insurance groups.
C)Product liability insurance groups.
D)Collective insurance groups.
E)Product insurance groups.

Question 69

A statute violation that causes the harm that the statute was enacted to prevent constitutes ________.

A)Negligence per se.
B)Strict negligence.
C)Assumption of the risk
D)Comparative negligence
E)Strict scrutiny.

Question 70

How can a plaintiff prove that a defect exists in a product?

A)Through the introduction of expert testimony,which is always required,and sometimes circumstantial evidence.
B)Through evidence other than expert testimony,which is never reliable because experts are paid.
C)Through the introduction of expert testimony only.
D)Through the introduction of expert testimony and/or circumstantial evidence.
E)Through the introduction of both expert testimony and circumstantial evidence.

Question 71

Can Alessia sue only ColorCo,the largest lead paint manufacturer who manufactured the type of paint in her home,even though there are other paint manufacturers who produced an identical defective product?

A)Yes,only if she can prove the defendant sold lead paint in her area.
B)No,she must sue all manufacturers of lead paint.
C)Yes,at least one court has held the plaintiff need sue only one maker of the allegedly defective product and the defendant may join other defendants to the suit.
D)Yes,because the defendant was probably the one who sold the paint.
E)No,she must sue all manufacturers who may have produced the paint in her home.

Question 72

With regard to Julia's blog,what defense could the company claim?

A)Misuse.
B)State-of-the-art.
C)Assumption of the risk.
D)Statute of limitations.
E)Sophisticated-user defense.

Question 73

[Disappointing Boat Purchase] Ava went to purchase a new boat.She wanted a boat she could use in a nearby lake and also take to the coast for use in ocean waters.Ava saw a boat she liked in the showroom.She showed the boat to Brock,the sales representative at the dealership,and stated that she wanted a boat for both lake usage and ocean usage.Brock told her that the dealership had the best boats in the state,that the engine was great in the boat she liked,and that she would have no problem with steering or with the carburetor.He said nothing about whether or not the boat was an appropriate vessel for ocean waters.Ava purchased the boat.She immediately began to have significant problems with it.The engine did not perform adequately,and there were problems with the steering and carburetor.Additionally,Ava attempted to take the boat onto ocean waters and had significant difficulty.She later discovered that it was not an ocean-going vessel.It was only appropriate for lake usage.
Which of the following is true concerning Brock's statement that the boats at the dealership were the best in the state?

A)The statement established both a warranty of merchantability and a warranty of fitness for a particular purpose,but not any other type of warranty.
B)The statement constituted an express warranty but not any other type of warranty.
C)The statement constituted a warranty of merchantability but not any other type of warranty.
D)The statement was opinion and did not establish any type of warranty.
E)The statement constituted an implied warranty of fitness for a particular purpose but not any other type of warranty.

Question 74

The doctrine of teaches that an accident that is unlikely to occur unless the defendant was negligent is itself circumstantial evidence that the defendant was negligent.

A)Comparative negligence
B)Ipso Facto
C)Res ipsa loquitur.
D)Negligence per se.
E)Strict liability.

Question 75

If the product packaging had contained a warning regarding dizziness in individuals with high blood pressure and Julia proceeded to take the drug despite its warning,what would be the company's best defense?

A)Statute of limitations.
B)Misuse.
C)State-of-the-art.
D)Sophisticated user.
E)Assumption of the risk.

Question 76

Without taking into account any statements made by either the salesperson or Ava regarding uses for the boat,what type of warranty did the seller make by merely selling the boat?

A)The sale itself constituted both an express warranty and an implied warranty of merchantability but not an express warranty.
B)The sale itself constituted an implied warranty of merchantability but not an express warranty or a warranty of fitness for a particular purpose.
C)The sale itself constituted both an express warranty and a warranty of fitness for a particular purpose but not an implied warranty of merchantability.
D)The sale itself constituted a warranty of fitness for a particular purpose but not an express warranty or an implied warranty of merchantability.
E)The sale itself constituted an express warranty but not an implied warranty of merchantability or a warranty of fitness for a particular purpose.

Question 77

BrightCo wants to ask the court to dismiss it from the lawsuit.Which argument,if true,would not cause the court to dismiss BrightCo?

A)BrightCo has never sold the product in Alessia's area.
B)Alessia cannot prove that BrightCo's product was the product that caused Alessia harm.
C)BrightCo sold the product in Alessia's area,but not until last year.
D)BrightCo's product was not identical the product that harmed Alessia.
E)There is no evidence that BrightCo's products ever contained lead.

Question 78

In general,when is an expert opinion admissible?

A)When the subject matter involves scientific knowledge and the expert is qualified.
B)When the knowledge is relevant and the expert is qualified.
C)When the subject matter involves specialized knowledge;the knowledge is relevant,reliable,and helpful;and the expert is qualified.
D)When the subject matter involves scientific or technical knowledge and the knowledge is relevant.
E)When the subject matter is relevant and the expert is qualified.

Question 79

Under the market share theory,one of the elements courts generally require is proof that the allegedly harmful products are ________.

A)produced in the same way by all of the defendant-manufacturers.
B)identical in nature.
C)produced by the same manufacturer.
D)identical and share the same defective qualities.
E)produced in the same facility.

Question 80

Which of the following is true about expert witnesses?

A)The defendant usually hires an expert whose testimony is limited to evaluating the age of the defective product.
B)Expert witnesses are widely used because of the low cost involved.
C)Expert witnesses are not deposed during litigation.
D)Judges are responsible for assessing the admissibility of an expert's opinion.
E)Only the plaintiff hires an expert in order to show causation.