Question 1

A manufacturer's liability to an injured party on a strict product liability theory is limited to a refund or a replacement of the defective product.

Accepted Answer

A manufacturer's liability to an injured party on a strict product liability theory can include compensation for damages such as medical expenses, lost wages, and pain and suffering in addition to a refund or replacement of the defective product.

Question 2

One requirement for a product liability suit based on strict liability is a failure to exercise reasonable care.

Accepted Answer

This statement is false. Strict liability does not require a showing of failure to exercise reasonable care, but rather imposes liability without fault for certain inherently dangerous or defective products.

Question 3

An inadequate warning is not a product defect that will support the imposition of liability on a strict product liability basis.

Accepted Answer

The answer of An inadequate warning is not a product...

Question 4

Olga,a salesperson for Pre-owned Cars & Trucks,Inc. ,tells Quincy,"This is the best car I've ever seen." This statement is

Accepted Answer

Olga's statement is an example of puffing, where the salesperson is exaggerating the qualities of the product to make a sale. Puffing is not a legally binding statement and cannot be considered as a warranty.

Question 5

City Car Company and Dave's Autos enter into a contract for a sale of motor vehicles.City assures Dave's that it has valid title to the vehicles.Under the UCC,a warranty of title arises

Accepted Answer

Under the UCC, there is an implied warranty of title in most sales contracts, which means that the seller warrants that they have valid title to the goods being sold. This warranty arises automatically and does not require any specific request or expression from the buyer or seller.

Question 6

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 statement is true. In order to succeed in a strict product liability suit, the injured plaintiff must prove that the defect in the product was the direct cause of their injury.

Question 7

A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products.

Accepted Answer

This is because strict product liability holds manufacturers responsible for any harm caused by their products, regardless of fault, and encourages them to produce safer products. This protects consumers by ensuring that they have legal recourse if they are injured or otherwise harmed by a product.

Question 8

A seller must warn those who buy a product of harm that could result from the foreseeable misuse of the product.

Accepted Answer

This is known as the duty to warn or provide adequate instructions, and is a legal requirement for sellers to protect the safety of customers.

Question 9

Privity of contract between the plaintiff and the defendant is required to bring a product liability suit based on negligence.

Accepted Answer

Privity of contract is not required to bring a product liability suit based on negligence. A plaintiff need only prove that the defendant owed a duty of care, that the duty was breached, and that the breach caused the plaintiff's injuries or damages.

Question 10

A product is not so unreasonably dangerous as to support the imposition of liability in a strict product liability suit solely because a less dangerous alternative was commercially feasible but was not produced.

Accepted Answer

The answer of A product is not so unreasonably dangerous...

Question 11

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 result in strict liability if it can be shown that the product was unreasonably dangerous due to the design flaw, and that the defect existed at the time the product left the manufacturer's control.

Question 12

In many states,the plaintiff's negligence is a defense that may be raised in a product liability suit based on strict liability.

Accepted Answer

In many states, the plaintiff's negligence can be used as a defense in strict liability product liability cases.

Question 13

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 holds a manufacturer responsible for injuries caused by their products even if the product has not been substantially changed since it was sold.

Question 14

Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product.

Accepted Answer

The answer of Only the manufacturer of a defective product...

Question 15

Parker,a salesperson for Quality Textiles,Inc. ,shows Rosa,a fabric buyer for Style Clothing Company,samples of cloth,stating that any shipment will match the samples.This statement is

Accepted Answer

The statement made by Parker is an express warranty as it is a specific promise made by the seller to the buyer regarding the quality and characteristics of the product.

Question 16

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 17

Big Screen Video Corporation sells high-definition television sets.Under most circumstances,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 the goods they are selling is good and valid unless the parties have negotiated otherwise. Therefore, it is presumed that Big Screen Video warrants that their title to the high-definition television sets they sell is good and valid unless they have specifically stated otherwise in their contract with the buyer.

Question 18

Any product may be made entirely safe for all consumption.

Accepted Answer

There is always a risk of allergic reactions or unintended side effects, and it is impossible to ensure that all individuals will have the same reaction to a product. Additionally, some products may be inherently dangerous and cannot be made completely safe for consumption.

Question 19

A public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be put out of business.

Accepted Answer

The public policy underlying the imposition of strict product liability is that a manufacturer who makes an unsafe product should be held responsible for any harm caused by the product, not necessarily put out of business. Strict product liability is meant to ensure that manufacturers bear the cost of injury caused by their products and incentivize them to make safer products.

Question 20

Strict liability applies to the suppliers of component parts.

Accepted Answer

Strict liability can apply to suppliers of component parts if the part is defective and causes harm to the end user.

Quiz 15: Warranties and Product Liability