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 on a strict product liability theory can also extend to damages for any injuries caused by the defective product, including medical bills, lost wages, pain and suffering, and more.

Question 2

Strict liability applies to the suppliers of component parts.

Accepted Answer

Under strict liability, the suppliers of component parts can also be held liable for any injuries or losses caused by the defective product.

Question 3

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

This statement is incorrect. Strict product liability does not require a substantial change in the product from the time of sale to the occurrence of the injury. Under strict product liability, if the product is defective and causes harm to the user, the manufacturer or seller may be held liable for the injury, regardless of any changes made to the product after it was sold.

Question 4

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 considered in determining if the defendant is liable in a product liability lawsuit based on strict liability. This is known as the defense of comparative negligence, which compares the negligence of the plaintiff and the defendant in causing the injury or damage. However, the exact rules and standards for applying comparative negligence can vary by state.

Question 5

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. To succeed in a strict product liability suit, the injured plaintiff must show that the product's defect was the proximate cause of their injury. This means that the defect directly caused the injury and that the injury would not have occurred without the defect.

Question 6

Any product may be made entirely safe for all consumption.

Accepted Answer

It is not possible to make any product entirely safe for all consumption. All products have potential risks and side effects, and it is important for consumers to be aware of them and use them responsibly.

Question 7

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, which is exaggerated sales talk that is not meant to be taken literally or as a promise of performance. Puffing is not considered a legally binding statement and is considered opinion rather than fact. Therefore, it does not create any warranties.

Question 8

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

Accepted Answer

Strict product liability is a legal doctrine that holds manufacturers and sellers responsible for any defects or hazards in their products, even if they were not negligent or did not breach any warranty. The main policy underlying this doctrine is consumer protection and ensuring that products on the market are safe for use.

Question 9

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 10

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 11

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 product liability. A seller has the responsibility to provide adequate warnings and instructions for the safe use of their product, and to warn consumers of foreseeable risks associated with the product. Failure to do so can result in legal liability for any harm or injuries caused by the product.

Question 12

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 the salesperson is an express warranty as it is a specific promise made by the seller to the buyer regarding the quality or characteristics of the product.

Question 13

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, a seller is presumed to have warranted that its title to the goods sold is "good and valid, and that its transfer is rightful." Therefore, Big Screen Video Corporation will be presumed to have warranted that its title to the TVs is good and valid.

Question 14

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

Accepted Answer

Strict liability does not require a showing of a failure to exercise reasonable care. Instead, it focuses on the inherent dangers or defects in the product that caused harm to the consumer.

Question 15

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 is one of the three types of product defect that can support the imposition of liability on a strict product liability basis, alongside manufacturing defects and warning defects.

Question 16

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 17

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

According to the UCC, a warranty of title automatically arises in most sales contracts, unless explicitly disclaimed by the seller. So in this case, City Car Company's assurance of valid title would create a warranty of title.

Question 18

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 can bring a suit against a defendant who manufactured or distributed a defective product even if there was no direct contractual relationship between them.

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 to ensure that consumers are protected from harm caused by defective products, and to shift the cost of such harm from the injured party to the manufacturer or seller of the product. The goal is not necessarily to put the manufacturer out of business, but to create an incentive for manufacturers to produce safe products and to compensate those who are harmed by their defective products.

Question 20

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...

Quiz 17: Warranties and Product Liability