Question 1

A failure to exercise reasonable care is negligence.

Accepted Answer

Negligence refers to a failure to exercise reasonable care.

Question 2

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Accepted Answer

The answer of An action in strict product liability requires...

Question 3

A seller does not have to provide a written warranty for consumer goods.

Accepted Answer

Sellers are not legally required to provide a written warranty for consumer goods, but if they do, it must comply with the Magnuson-Moss Warranty Act in the United States.

Question 4

Courts in many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

Accepted Answer

Many jurisdictions follow comparative negligence or contributory negligence principles, which allow for the apportionment of liability between the plaintiff and defendant based on their respective degrees of fault or negligence.

Question 5

Under the doctrine of strict liability,people are liable for the results of their acts only if their intentions are malicious.

Accepted Answer

Under the doctrine of strict liability, people can be held liable for the results of their acts regardless of their intentions or level of care. In other words, even if there was no malicious intent, someone can still be held responsible for any harm caused by their actions.

Question 6

Sellers or lessors are liable only for products that are reasonably dangerous.

Accepted Answer

Sellers or lessors are liable not only for products that are reasonably dangerous, but also for products that are unreasonably dangerous. The product liability law holds them responsible for harm caused to consumers by defective products.

Question 7

Merchant Supply Company and National Discount Stores enter into a contract for a lease of cash registers.Merchant assures National that it has valid title to the goods.Under the UCC,a warranty of title arises

Accepted Answer

The answer of Merchant Supply Company and National Discount Stores...

Question 8

To succeed in a strict product liability suit,an injured plaintiff must show that a product's defect was the proximate cause of the injury.

Accepted Answer

This is true. In order for an injured plaintiff to succeed in a strict product liability suit, they must show that the product's defect was the proximate cause of their injury. Proximate cause refers to the direct cause of the injury, meaning that the defect in the product was the direct cause of the plaintiff's injury.

Question 9

Jean buys a bike from Mike's Bike Shop.She wants to make sure that there is a warranty of title.Jean

Accepted Answer

Warranties of title arise automatically in most sales contracts, so Jean does not need to do anything to ensure its presence.

Question 10

In sales law,product liability is assurance by one party of the existence of a fact on which the other party can rely.

Accepted Answer

Product liability refers to the legal responsibility of a manufacturer or seller to compensate for harm caused by a defective or unsafe product. It is not related to assurance of the existence of a fact on which the other party can rely.

Question 11

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Accepted Answer

The statement is incorrect. Strict product liability applies regardless of whether the product has been changed or altered in any way from the time it was sold to when an injury occurs. The responsibility lies with the manufacturer or seller of the product, regardless of other factors or variables.

Question 12

The dangers associated with using sharp knives are so commonly known that manufacturers need not warn users of those dangers

Accepted Answer

The answer of The dangers associated with using sharp knives...

Question 13

Strict liability depends on privity of contract between an injured party and a seller.

Accepted Answer

Strict liability does not necessarily depend on privity of contract between an injured party and a seller. In fact, strict liability can arise even in cases where there is no contract between the parties, such as in cases involving defective products that cause harm to consumers.

Question 14

Barry buys a bulldozer from Big Sandbox Equipment Company.Barry is unaware that there is a lien against the bulldozer when he buys it.Under the UCC,if the creditor reposes the bulldozer,Barry

Accepted Answer

Barry can recover from Big Sandbox Equipment for breach of warranty because the seller is responsible for providing goods free of any undisclosed liens.

Question 15

Big Screen Video Corporation sells high-definition television sets.Under most cir-cum-stances,Big Screen Video will be presumed to have warranted that its title to the TVs is

Accepted Answer

Under the Uniform Commercial Code (UCC), a seller is presumed to have warranted that their title to goods is "good and valid." This means that the seller is warranting that they have legal ownership of the goods being sold and that there are no liens or encumbrances on the goods that would prevent the buyer from taking legal possession of them.

Question 16

William steals a valuable collection of baseball cards from Phillip.William then sells the cards to Darrel,who does not know that the cards are stolen.Phillip discovers that Darrel has the cards.Which of the following best describes the rights and liabilities of the parties involved?

Accepted Answer

Phillip, as the original owner, has the right to reclaim the stolen property from Darrel. Since Darrel purchased the cards without knowledge of them being stolen, William, the thief, is liable to Darrel for any damages or losses incurred.

Question 17

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

Accepted Answer

Suppliers have a duty to anticipate and warn against reasonably foreseeable misuses of their products. This is known as the "foreseeable misuse doctrine" in product liability law.

Question 18

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

Accepted Answer

A design defect can support the imposition of liability on a strict product liability basis if it renders the product unreasonably dangerous.

Question 19

A manufacturer's duty of care extends to the inspection and test-ing of products bought to incorporate in the final product.

Accepted Answer

A manufacturer is responsible for ensuring that any components or materials used in their products are inspected and tested to meet their quality and safety standards. This includes products bought from suppliers or other sources. They must conduct proper due diligence to ensure that these components are safe and fit for use in their final product.

Question 20

Recovery in a product liability case may be limited when it can be shown that the plaintiff misused the product.

Accepted Answer

If it can be demonstrated that the plaintiff misused the product in a way that caused their injury, they may not be entitled to full recovery in a product liability case. This is known as the defense of misuse.

Quiz 16: Warranties and Product Liability