Question 1

Negligence in product liability suits means the defendant is found to have intended to produce a substandard, unsafe product.

Accepted Answer

Negligence in product liability suits means the defendant is found to have failed to take reasonable care in the design, manufacture, or warning of a product, resulting in harm or injury to the consumer. It does not necessarily require an intent to produce a substandard, unsafe product.

Question 2

In Henningsen v. Bloomfield Motors, the New Jersey Supreme Court greatly expanded the legal protection offered by implied warranties of safety.

Accepted Answer

Henningsen v. Bloomfield Motors is a landmark case in product liability law where the New Jersey Supreme Court held that manufacturers are responsible for providing consumers with safe products and expanded the legal protection offered by implied warranties of safety.

Question 3

The case Henningsen v. Bloomfield Motors, had a major impact on the application of tort law to foreign producers.

Accepted Answer

Henningsen v. Bloomfield Motors, Inc. primarily impacted the application of warranty and liability laws within the United States, focusing on consumer protection against manufacturers and challenging the enforceability of disclaimers against implied warranties, rather than specifically addressing issues related to foreign producers.

Question 4

Strict liability in tort was applied to food and drink first because of the promises of safety made by the sellers on the labels of their products.

Accepted Answer

Strict liability in tort was applied to food and drink first due to the inherent risk they pose to consumers' health if defective, not specifically because of promises made by sellers on labels. This principle was established to protect consumers from harm, recognizing that manufacturers and sellers are in a better position to ensure the safety of their products.

Question 5

Under the negligence standard, a manufacturer is required to exercise reasonable care under the circumstances in the production of its product.

Accepted Answer

The negligence standard does require a manufacturer to exercise reasonable care in the production of its product. This means they must take steps to minimize the risk of harm to consumers and conduct testing and quality control measures to ensure their product is safe. Failure to do so may result in liability if someone is injured or harmed as a result of using the product.

Question 6

In the 1913 case Mazetti v. Armour, the court held that privity of contract had to be proved before a plaintiff could sue a food company for breach of warranty in a product defect case.

Accepted Answer

The 1913 case Mazetti v. Armour was significant because it held that privity of contract was not necessary for a plaintiff to sue a food company for breach of warranty in a product defect case, marking a shift in consumer protection law.

Question 7

To win a case based on strict liability against a producer, the plaintiff must show that the product was defective, that a defect in it caused it to be dangerous, and the defect was the proximate cause of the injury.

Accepted Answer

This is correct. To win a strict liability case against a producer, the three elements mentioned must be proven by the plaintiff.

Question 8

Strict liability was first applied based on implied warranties of safety of food and drink.

Accepted Answer

Strict liability was first applied in the case of Rylands v. Fletcher, which involved a defendant who had constructed a reservoir on their property that flooded the plaintiff's mine. However, in the context of product liability, strict liability was first applied based on the implied warranties of safety of food and drink.

Question 9

Strict liability for defective products may arise from either an implied warranty or an express warranty.

Accepted Answer

This is true. Strict liability can arise from both implied warranties and express warranties in cases of defective products.

Question 10

Strict liability based on express warranties was applied originally to alcohol and tobacco products.

Accepted Answer

Strict liability based on express warranties was not originally applied to alcohol and tobacco products. It was first applied to products that were inherently dangerous or posed a high risk of harm, such as explosives and dangerous chemicals.

Question 11

The rule of negligence in tort holds the producer responsible for any defect that is the proximate cause of an injury suffered by the user of the product.

Accepted Answer

The answer of The rule of negligence in tort holds...

Question 12

If a producer did not foresee a possible danger with a product that does, in fact, cause injury, the producer cannot be held negligent in tort.

Accepted Answer

A producer has a duty to anticipate foreseeable risks of harm associated with their product. If they fail to do so and the product causes injury, they can be held liable for negligence in tort.

Question 13

Strict liability based on express warranty of safety was first based on contract law.

Accepted Answer

Strict liability based on express warranty of safety originated in contract law. This doctrine holds manufacturers liable for injuries caused by a product that they expressly warrant to be safe, regardless of whether the manufacturer was negligent in producing the product.

Question 14

An express warranty of safety in a product is one the law derives by inference from the nature of the transaction between the parties.

Accepted Answer

An express warranty of safety in a product is explicitly stated by the seller or manufacturer, not derived by inference. It is a specific assurance or guarantee about the safety features or standards of the product.

Question 15

An express warranty is a promise that is clearly stated by the seller to the buyer; it is a part of the contract.

Accepted Answer

An express warranty is a specific promise made by the seller to the buyer and is included in the sales contract.

Question 16

Only express warranties may create liability for the seller for defective products.

Accepted Answer

Both express and implied warranties can create liability for the seller for defective products. Express warranties are explicitly stated by the seller, while implied warranties are unspoken, unwritten guarantees that the product will meet a minimum level of quality and functionality.

Question 17

A warranty is an assurance from the manufacturer that its products will meet certain quality standards.

Accepted Answer

A warranty is a guarantee or assurance from the manufacturer that its products will meet certain quality standards or that they will repair, replace or refund the product in case of defects or malfunctions within a certain period of time.

Question 18

In MacPherson v. Buick Motor Co. the court held Buick liable because it is responsible for the quality of wheels and other parts used on its vehicles.

Accepted Answer

In MacPherson v. Buick Motor Co., the court held Buick liable for the defective wheel which caused the accident, stating that a car manufacturer is responsible for the quality of the parts used in its vehicles.

Question 19

If a producer learns after it sells a product that it has a problem that might cause consumers injuries, the producer must warn consumers of the danger or face liability.

Accepted Answer

This statement is true. Under product liability laws, producers have a duty to warn consumers of potential dangers associated with their products. If they fail to do so, they can be held liable for any injuries that result from the use of the product.

Question 20

Frustration over the difficulties of proving negligence led to the move in tort law from a negligence standard to a strict liability standard.

Accepted Answer

This is true. Frustration over the difficulties of proving negligence led to the development of strict liability, which holds individuals or businesses responsible for harm caused regardless of fault or intent. This shift is particularly evident in areas such as product liability, where it may be difficult for a plaintiff to prove negligence on the part of a manufacturer or seller.

Quiz 7: Business Torts and Product Liability