Deck 11: Products Liability

Question 1

The parties in strict products liability cases include the manufacturer, retailer, wholesaler, and ultimate user.

Answer 1

True

Question 2

If it were reasonably foreseeable that the injured person would use the defective product, this individual is called

A) the ultimate loser.
B) the ultimate chooser.
C) the ultimate plaintiff.
D) the ultimate user.

Answer 2

D

Question 3

Which of the following statements is not true regarding strict products liability?

A) Privity of contract is not required in products liability.
B) Seller or manufacturer's negligence is relevant to strict liability.
C) The seller or manufacturer must be in the business of selling products such as the flawed one(s).
D) None of these choices.

Answer 3

B

Question 4

When a plaintiff sues all of the sellers along the product distribution chain, this is sometimes called

A) "hitting them where it hurts."
B) "biting off more than you can chew."
C) "going for the deep pocket."
D) None of these choices.

Question 5

Which of the following examples best illustrates strict products liability?

A) Lora bought a tube of toothpaste that contained a metal pin inside. She discovered the pin when she squeezed the toothpaste. She was not hurt by the pin.
B) Fritz bought a container of yogurt at the grocery store. He failed to refrigerate it for 12 hours and then became ill after eating it.
C) Deb bought a motorcycle that had defective spokes in the front wheel. While she was driving down the highway, the front tire broke, sending her hurtling over the handlebars.
D) All of these choices.

Question 6

Under strict products liability, there must be privity of contract for the plaintiff to recover.

Question 7

If the ultimate user fails to properly maintain a product, then he or she cannot recover for injuries under strict products liability.

Question 8

Which section of the Restatement (Second) of Torts deals with strict products liability?

A) § 193
B) § 303
C) § 402A
D) § 591(c)

Question 9

The public policy behind products liability is based on which of the following?

A) Businesses should be held liable for civil wrongdoing.
B) Businesses should be held liable for criminal wrongdoing.
C) Businesses manufacturing and selling defective products are in the best economic position to bear the expenses incurred when a faulty product injures an innocent user.
D) Consumers should use class action suits to seek restitution for faulty products.

Question 10

In products liability cases, a plaintiff can bring three different causes of action:

A) strict tort liability, negligence, and breach of warranty.
B) strict tort liability, negligence, and intentional tort.
C) negligence, intentional tort, and breach of warranty.
D) None of these choices.

Question 11

For the plaintiff to recover under strict products liability, the defective product must be unreasonably dangerous.

Question 12

Assumption of risk is not a defense to strict products liability.

Question 13

Under strict products liability, in order for the plaintiff to recover, the product cannot be substantially changed from the time it left the manufacturer or seller until it reached the ultimate user.

Question 14

In strict products liability, the product must have a defect of some sort.

Question 15

In strict products liability cases, the ultimate user must be the original purchaser of the defective product.

Question 16

Contributory negligence is generally not a defense in strict products liability cases.

Question 17

Which of the following is not one of the warranties involved under strict products liability?

A) Express warranty
B) Implied warranty of merchantability
C) Implied warranty of fitness for a particular purpose
D) None of these choices.

Question 18

Under strict products liability, the manufacturer or seller need not be in the business of selling products such as the defective item that caused the injury.

Question 19

The following are all parties to a products liability lawsuit except

A) sellers.
B) manufacturers.
C) original purchasers.
D) ultimate users.

Question 20

Merchantable means

A) legal relationship between parties to a contract.
B) goods that are fit for their usual or customary purpose.
C) promising that facts about a product are true.
D) None of these choices.

Question 21

All of the following can make a product unreasonably defective except

A) faulty product design.
B) improper product maintenance.
C) manufacturer's or seller's failure to warn.
D) None of these choices.

Question 22

In which area of law does products liability have its roots?

A) Property law
B) Contract law/warranties
C) Equity law
D) None of these choices.

Question 23

Which of the following defenses is not applicable to strict products liability cases?

A) Contributory negligence
B) Assumption of risk
C) Ultimate user's misuse of product
D) None of these choices.

Question 24

Some jurisdictions include all of the following elements in strict products liability except

A) foreseeable plaintiffs theory.
B) seller or buyer must be in business of selling product.
C) intent.
D) seller's or manufacturer's responsibility for product condition.

Question 25

Courts use which of the following tests to determine faulty product design?

A) Consumer contemplation test
B) Danger/utility test
C) A state-of-the-art discoverability test
D) All of these choices.