Question 1

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

Accepted Answer

The definition of a defective product includes the fact that it is lacking in some essential aspect.

Question 2

Under &#167; 402A, a product must not be unreasonably dangerous for its intended and foreseeable use.

Accepted Answer

This is the basic principle of strict product liability under § 402A of the Restatement (Second) of Torts. A product is defective and unreasonably dangerous if it poses an unreasonable risk of harm when used as intended or in a reasonably foreseeable manner.

Question 3

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

Accepted Answer

Strict liability in tort is a type of liability that may apply regardless of whether the defendant was negligent. It typically arises in situations where inherently dangerous activities are involved, such as in the case of owning dangerous animals or engaging in activities that could result in environmental harm.

Question 4

Puffing is unexpected exaggeration of quality.

Accepted Answer

The answer of Puffing is unexpected exaggeration of quality....

Question 5

Products liability is a tort.

Accepted Answer

The answer of Products liability is a tort....

Question 6

Match between columns&#10;                        Premises: someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling&#10;someone in the business of selling

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 7

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

Accepted Answer

Class action lawsuits are an important mechanism for resolving disputes and achieving justice for a group of individuals who have been harmed. Opting out of a class action can prevent a party from participating in a collective solution and hinder the possibility of achieving global peace, as individual lawsuits can be time-consuming, costly, and may undermine the overall goal of achieving justice for everyone involved.

Question 8

Match between columns&#10;                        Premises: a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact&#10;a false statement of fact

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 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.

Accepted Answer

In a settlement class action, the parties have already reached a settlement before trial, so they do not intend to litigate the claims made in the complaint.

Question 10

Match between columns&#10;                        Premises: duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages&#10;duty, breach of duty, proximate cause, damages

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 11

What are the main causes of action in a products liability case?&#10;A) negligence, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and strict liability in tort&#10;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&#10;C) negligence, breach of express warranty, breach of implied warranty of merchantability, and strict liability in tort&#10;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

Accepted Answer

The answer of What are the main causes of action...

Question 12

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

Accepted Answer

The answer of Misuse is a defense to strict liability...

Question 13

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

Accepted Answer

The answer of A duty of reasonable care is owed...

Question 14

A mass tort is a separate cause of action.

Accepted Answer

The answer of A mass tort is a separate cause...

Question 15

Match between columns&#10;                        Premises: the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence&#10;the accident ordinarily does not happen in the absence of someone's negligence

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 16

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

Accepted Answer

The answer of In a strict liability in tort case,...

Question 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.&#10;A) Tom is in privity with Ted but not with Richardson Ford.&#10;B) Ted is in privity with Richardson Ford but not with ford Motor Company.&#10;C) Ted is in privity with Ford Motor company but not with Tom.&#10;D) Tom is in privity with Richardson Ford but not with Ford Motor Company.

Accepted Answer

The answer of Tom is a passenger in a car...

Question 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.

Accepted Answer

The answer of Len is a salesman at Warren Appliances....

Question 19

Match between columns&#10;                        Premises: anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product&#10;anyone who made, sold, or leased the product

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 20

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

Accepted Answer

The answer of What are the three categories of defects...

Question 21

Distinguish between fact and opinion.

Accepted Answer

The answer of Distinguish between fact and opinion....

Question 22

Match between columns&#10;                        Premises: several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products&#10;several torts based on harm caused by defective products

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 23

Match between columns&#10;                        Premises: exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality&#10;exaggerated statement of quality

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 24

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

Accepted Answer

The answer of What are the four elements of a...

Question 25

Match between columns&#10;                        Premises: substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair&#10;substantially unfair

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 26

Match between columns&#10;                        Premises: waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties&#10;waiver of warranties

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 27

Match between columns&#10;                        Premises: fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes&#10;fit for ordinary purposes

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 28

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

Accepted Answer

The answer of Name five possible causes of action that...

Question 29

Match between columns&#10;                        Premises: important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision&#10;important to a decision

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 30

When is a statement material to a decision?

Accepted Answer

The answer of When is a statement material to a...

Question 31

Match between columns&#10;                        Premises: the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties&#10;the relationship that exists between contracting parties

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 32

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

Accepted Answer

The answer of What was the holding of the MacPherson...

Question 33

Match between columns&#10;                        Premises: placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something&#10;placing confidence in someone or something

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 34

Match between columns&#10;                        Premises: statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified&#10;statement that cannot be objectively verified

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 35

Match between columns&#10;                        Premises: responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently&#10;responsibility for harm whether caused innocently, intentionally, or negligently

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 36

Match between columns&#10;                        Premises: a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties&#10;a way to apportion liability between the opposing parties

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Question 37

When is a disclaimer of warranty unconscionable?

Accepted Answer

The answer of When is a disclaimer of warranty unconscionable?...

Question 38

When are goods merchantable?

Accepted Answer

The answer of When are goods merchantable?...

Question 39

Distinguish between a sale and a service.

Accepted Answer

The answer of Distinguish between a sale and a service....

Question 40

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

Accepted Answer

The answer of What are some of the causes of...

Question 41

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

Accepted Answer

The answer of What is the function of the Judicial...

Question 42

What are the five elements of strict liability in tort under &#167; 402A?

Accepted Answer

The answer of What are the five elements of strict...

Question 43

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

Accepted Answer

The answer of Why did the U.S. Supreme Court reject...

Question 44

Define mass tort.

Accepted Answer

The answer of Define mass tort....

Question 45

What is a reasonable alternative design?

Accepted Answer

The answer of What is a reasonable alternative design?...

Question 46

What are the four major kinds of mass torts?

Accepted Answer

The answer of What are the four major kinds of...

Question 47

What is market share liability?

Accepted Answer

The answer of What is market share liability?...

Question 48

What is RICO?

Accepted Answer

The answer of What is RICO?...

Question 49

Define class action.

Accepted Answer

The answer of Define class action....

Question 50

Match between columns&#10;                        Premises: imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users&#10;imposes a duty of reasonable care to foreseeable users

Accepted Answer

The Answer of MacPherson vs. Buick and comparative negligence and is...

Deck 16: Products Liability