Deck 16: Products Liability

Question 1

A duty of reasonable care is owed only to those in privity with the defendant.

Answer 1

False

Question 2

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.

Answer 2

D

Question 3

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
placing confidence in someone or something

Answer 3

N

Question 4

A mass tort is a separate cause of action.

Question 5

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
imposes a duty of reasonable care to foreseeable users

Question 6

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 7

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
the relationship that exists between contracting parties

Question 8

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
a way to apportion liability between the opposing parties

Question 9

Products liability is a tort.

Question 10

In a strict liability in tort case, someone who rents products in a business might be considered a seller.

Question 11

Strict liability in tort cannot apply unless the defendant is found to be negligent.

Question 12

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
responsibility for harm whether caused innocently, intentionally, or negligently

Question 13

A product is defective if it is lacking in some particular that is essential to completeness, safety, or legal sufficiency.

Question 14

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 15

Misuse is a defense to strict liability in tort when the misuse is unforeseeable and extreme.

Question 16

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
statement that cannot be objectively verified

Question 17

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 18

Global peace cannot be achieved if parties opt out of a class action.

Question 19

Puffing is unexpected exaggeration of quality.

Question 20

Under § 402A, a product must not be unreasonably dangerous for its intended and foreseeable use.

Question 21

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
duty, breach of duty, proximate cause, damages

Question 22

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
fit for ordinary purposes

Question 23

When is a statement material to a decision?

Question 24

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
several torts based on harm caused by defective products

Question 25

What was the holding of the MacPherson vs.Buick case?

Question 26

Distinguish between a sale and a service.

Question 27

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
waiver of warranties

Question 28

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
important to a decision

Question 29

Distinguish between fact and opinion.

Question 30

Name five possible causes of action that are possible when defective products cause injury.

Question 31

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
someone in the business of selling

Question 32

When is a disclaimer of warranty unconscionable?

Question 33

When are goods merchantable?

Question 34

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
the accident ordinarily does not happen in the absence of someone's negligence

Question 35

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
exaggerated statement of quality

Question 36

What are the three categories of defects in products liability cases?

Question 37

What are the four elements of a negligence cause of action?

Question 38

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
a false statement of fact

Question 39

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
substantially unfair

Question 40

MATCHING
a.products liability
b.negligence
c.privity of contract
d.MacPherson vs.Buick
e.res ipsa loquitur
f.comparative negligence
g.chain of distribution
h.strict liability
i.express warranty
j.opinion
k.puffing
l.reliance
m.material
n.merchant
o.merchantable
p.disclaimer
q.unconscionable
anyone who made, sold, or leased the product

Question 41

Why did the U.S.Supreme Court reject (refuse to certify) the asbestos class in Amchem?

Question 42

Define class action.

Question 43

What are the five elements of strict liability in tort under § 402A?

Question 44

What is RICO?

Question 45

What is market share liability?

Question 46

What is a reasonable alternative design?

Question 47

What are the four major kinds of mass torts?

Question 48

What are some of the causes of action asserted in mass tort litigation?

Question 49

What is the function of the Judicial Panel on Multidistrict Litigation?

Question 50

Define mass tort.