Question 1

Fine Motor Company buys gas pedals and other parts from General Mechanix,Inc.,and puts them in its vehicles without changing their composition.If the pedals or other parts are defective,strictly liable for any damage caused by the defects are

Accepted Answer

A) Fine Motor only. 
B) no one. 
C) Fine Motor and General Mechanix. 
D) General Mechanix only.

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Forest & Field Company makes and leases a backhoe to Gallagher.Due to a defect attributable to Forest & Field's negligence,Gallagher is injured in an accident in which his neighbor Helga is also hurt.In a product liability suit based on negligence,Forest & Field may be liable to

Accepted Answer

A) Gallagher only. 
B) no one. 
C) Gallagher and Helga. 
D) Helga only.

Question 4

The doctrine of strict liability can be applied to sellers of goods,including manufacturers,but not distributors.

Accepted Answer

A) True 
 B)False

Question 5

Manufacturers must use due care in inspecting and testing any purchased components used in a product.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) private parties engaged in negotiation. 
B) the U.S.Congress. 
C)  a British court. 
D) a U.S.court.

Question 7

Street Bikes,Inc.,makes and sells a bicycle to Theo.Street Bikes fails to exercise "due care" to make the bicycle safe,however,and Theo is injured as a result.Street Bikes is most likely liable for

Accepted Answer

A) market-share liability. 
B) none of the choices. 
C) negligence. 
D) product misuse.

Question 8

Soda Bubbles Corporation makes and sells soft drinks.Talia buys and drinks a Soda Bubbles beverage,which proves defective and injures her.One justification for holding Soda Bubbles strictly liable for the harm caused to Talia by its defective product is that

Accepted Answer

A) Soda Bubbles is making a profit from its activities. 
B) Talia is a person,not a business. 
C) making and selling products are abnormally dangerous activities. 
D) Soda Bubbles and Talia are in privity.

Question 9

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

Accepted Answer

A) True 
 B)False

Question 10

Because many products cannot be made entirely safe for all uses,sellers or lessors are liable only for products that are unreasonably dangerous.

Accepted Answer

A) True 
 B)False

Question 11

Good Cookin' Products Company makes heat convection ovens.Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability.To win,Heidi must show that she

Accepted Answer

A) bought the oven from Good Cookin'. 
B) did not misuse the oven. 
C) suffered an injury caused by the defect. 
D) did not know of the defect.

Question 12

Garage Magic,Inc.,contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores.Ian buys one of openers.The applicable statute of limitations prescribes a period of four years.To bring a product liability claim against Garage Magic,Ian must file a suit within four years of

Accepted Answer

A) Ian's discovery of an injury caused by the opener. 
B) Garage Magic's sale of the opener to Home & Yard. 
C) Garage Magic's design of the opener. 
D) Home & Yard's sale of the opener to Ian.

Question 13

SurgeStop Company makes electrical cords and other connectors for electronic devices.Rollo files a product liability suit against SurgeStop,alleging a warning defect.In deciding whether to hold SurgeStop liable,the court may consider

Accepted Answer

A) consumers' general lack of desire to read the product's warnings. 
B) the plaintiff's specific lack of desire to read the product warnings. 
C) the obvious risks of other products. 
D) the obvious risks of this product.

Question 14

The brakes on a train owned by Rolling Stock Railway,Inc.,malfunction.The train rolls towards maintenance workers on the tracks.Everyone gets out of the way except Sid,who wants to show off.The train hits Sid,who sues Train Components,Inc.,the brakes' manufacturer.Train Components can raise the defense of

Accepted Answer

A) a component-part manufacturer. 
B) assumption of risk. 
C) privity. 
D) product misuse.

Question 15

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.

Accepted Answer

A) True 
 B)False

Question 16

The extreme risk of an activity is a defense against imposing strict liability.

Accepted Answer

A) True 
 B)False

Question 17

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

Accepted Answer

A) True 
 B)False

Question 18

Manufacturers must use due care in selecting the materials to be used in a product.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

To successfully assert a design defect,a plaintiff has to show that no reasonable alternative design was available.

Accepted Answer

A) True 
 B)False

Exam 7: Strict Liability and Product Liability

Fine Motor Company buys gas pedals and other parts from General Mechanix,Inc.,and puts them in its vehicles without changing their composition.If the pedals or other parts are defective,strictly liable for any damage caused by the defects are

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

Forest & Field Company makes and leases a backhoe to Gallagher.Due to a defect attributable to Forest & Field's negligence,Gallagher is injured in an accident in which his neighbor Helga is also hurt.In a product liability suit based on negligence,Forest & Field may be liable to

The doctrine of strict liability can be applied to sellers of goods,including manufacturers,but not distributors.

Manufacturers must use due care in inspecting and testing any purchased components used in a product.

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

Street Bikes,Inc.,makes and sells a bicycle to Theo.Street Bikes fails to exercise "due care" to make the bicycle safe,however,and Theo is injured as a result.Street Bikes is most likely liable for

Soda Bubbles Corporation makes and sells soft drinks.Talia buys and drinks a Soda Bubbles beverage,which proves defective and injures her.One justification for holding Soda Bubbles strictly liable for the harm caused to Talia by its defective product is that

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

Because many products cannot be made entirely safe for all uses,sellers or lessors are liable only for products that are unreasonably dangerous.

Good Cookin' Products Company makes heat convection ovens.Heidi discovers that her Good Cookin' oven is defective and sues the maker for product liability based on strict liability.To win,Heidi must show that she

SurgeStop Company makes electrical cords and other connectors for electronic devices.Rollo files a product liability suit against SurgeStop,alleging a warning defect.In deciding whether to hold SurgeStop liable,the court may consider

A manufacturing defect is a departure from a product unit's design specifications that results in products that are physically flawed.

The extreme risk of an activity is a defense against imposing strict liability.

Generally,the strict liability of manufactures and other sellers does not extend to injured bystanders.

Manufacturers must use due care in selecting the materials to be used in a product.

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

To successfully assert a design defect,a plaintiff has to show that no reasonable alternative design was available.