Question 1

Intentional misrepresentation occurs when a seller or lessor ________.
A) fails to warn customers about the dangerous propensities of a product
B) shows negligence in product design
C) fails to assemble a product carefully
D) conceals a defect in a product

Accepted Answer

Intentional misrepresentation occurs when a seller or lessor deliberately conceals a defect in a product, rather than simply being negligent or failing to warn about a known hazard.

Question 2

Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. If the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure?
A) Benford Inc.
B) Dr. DeBenedetto
C) Henry
D) Sacred Heart Hospital

Accepted Answer

Benford Inc. would be strictly liable for the failure of the pacemaker as they are the manufacturers of the medical device. Dr. DeBenedetto, Henry and Sacred Heart Hospital would not be strictly liable unless they were negligent in some way that contributed to the pacemaker's failure.

Question 3

According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?
A) only the manufacturers of the products
B) only the parties directly involved in the sale of the product to the customer
C) all parties providing services related to the product
D) all parties in the chain of distribution

Accepted Answer

The doctrine of strict liability holds all parties in the chain of distribution strictly liable for injuries caused by a defective product, including manufacturers, distributors, wholesalers, and retailers. This means that anyone who was involved in getting the product into the stream of commerce can be held liable for any harm caused by the product.

Question 4

Compare the tort doctrines of negligence and misrepresentation.

Accepted Answer

The answer of Compare the tort doctrines of negligence and...

Question 5

Which of the following statements is true about strict liability?
A) It applies only to manufacturers of a defective product.
B) It is liability without fault.
C) It requires privity of contract between the plaintiff and the defendant.
D) It covers casual sales and transactions.

Accepted Answer

Strict liability is liability without fault, meaning that the defendant can be held responsible for damages regardless of whether they were negligent or intended to cause harm. It can apply not just to manufacturers, but to anyone who engages in an inherently dangerous activity, such as blasting or keeping wild animals. Privity of contract is not required for strict liability to apply, and it can cover casual sales and transactions.

Question 6

Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?
A) Bertha cannot be held strictly liable as she is providing a service.
B) Bertha can be held strictly liable for the death of her patient.
C) Bertha and the medical staff assisting in the surgery are strictly liable for the death.
D) The donor of the kidney can be held strictly liable for the death of the patient.

Accepted Answer

Strict liability typically applies to inherently dangerous activities or the use of defective products, not professional services such as those provided by a surgeon. In the context of medical services, liability usually requires proof of negligence or malpractice, not strict liability.

Question 7

Intentional misrepresentation occurs when a seller or lessor conceals a defect in a product.

Accepted Answer

Intentional misrepresentation is a deceptive tactic used by sellers or lessors to hide a product defect. It involves intentionally concealing information that would otherwise influence a buyer or lessee's decision to purchase or lease a product. This is generally considered fraudulent behavior and can result in legal action.

Question 8

Allenby Spares Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel Inc. from Allenby Spares and is involved in an accident caused by the faulty brake in his vehicle. Which of the following is true of this situation?
A) Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel.
B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case.
C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake.
D) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.

Accepted Answer

Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain. This is because they are selling the product to the customer and have a duty to ensure that the product is free from defects. They also have a responsibility to ensure that the product is suitable for its intended use. While TurboDiezel may also be liable for the defect in the brake, Allenby Spares cannot escape liability as they are a part of the distribution chain.

Question 9

Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defective Supplemental Restraint System (SRS) in the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?
A) Martin can be held strictly liable because he sold the car to Ted.
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from it.
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.

Accepted Answer

DC) Martin, as a non-commercial seller, engaged in a casual or occasional sale, is not subject to strict liability for product defects. This principle generally exempts individuals who are not regularly engaged in the business of selling such goods from strict liability.D) The driver of the other car could potentially be held strictly liable if their actions directly caused the accident, regardless of the product defect. However, strict liability typically applies to product defects rather than actions leading to accidents, making this statement less accurate in the context of product liability. The correct focus for strict liability in this scenario would be on the manufacturer due to the defective product. Therefore, the explanation provided might not fully align with the principles of strict liability as it pertains to product defects, but it's important to consider all parties involved in the incident.

Question 10

Bartie's Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained a significant amount of a toxic heavy metal. Which of the following torts has Bartie's committed?
A) battery
B) disparagement
C) misrepresentation
D) professional malpractice

Accepted Answer

Bartie's Inc. has committed the tort of misrepresentation by marketing their products as safe for children despite knowingly using toxic materials in their products, which caused harm to children who used them.

Question 11

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.
A) Absolute liability
B) Contingent liability
C) Superior responsibility
D) Strict liability

Accepted Answer

Strict liability is a tort doctrine that holds all parties in the chain of distribution of a defective product liable for damages, regardless of fault. This means that manufacturers, distributors, wholesalers, retailers, and others could be held responsible for harm caused by a defective product even if they were not negligent in any way. The rationale behind strict liability is to ensure that injured parties are compensated for their losses without having to prove fault on the part of the defendants.

Question 12

An injured party may bring a negligence lawsuit against the distributors and retailers of the defective product.

Accepted Answer

The answer of An injured party may bring a negligence...

Question 13

In a negligence lawsuit, parties who were not actually negligent are also liable to the plaintiff.

Accepted Answer

Only parties who were negligent and contributed to the plaintiff's harm can be held liable in a negligence lawsuit. Parties who were not negligent cannot be held liable.

Question 14

Because manufacturers, sellers and lessors often intentionally misrepresent the quality of their products, fraud is commonly the basis for a product liability lawsuit.

Accepted Answer

Product liability lawsuits are typically based on claims of negligence, breach of warranty, or strict liability, rather than fraud. Fraud might be involved in some cases, but it is not the common basis for these types of lawsuits.

Question 15

Negligence requires a defendant to be at fault for causing the plaintiff's injuries.

Accepted Answer

Negligence is a tort that requires the defendant to have breached a duty of care owed to the plaintiff and caused the plaintiff's injuries. Thus, fault is a necessary element of establishing negligence.

Question 16

Intentional misrepresentation occurs when a seller or lessor affirmatively misrepresents the quality of a product.

Accepted Answer

Intentional misrepresentation is the act of intentionally making false statements or misrepresentations about a product, which can lead consumers to purchase a defective or undesirable product.

Question 17

________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.
A) Demand chain
B) Chain of command
C) Chain of distribution
D) Value chain

Accepted Answer

The term "chain of distribution" refers to all parties involved in the process of getting a product from the manufacturer to the end consumer. This includes manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers. Therefore, option C is the correct answer. Option A ("demand chain") refers to the flow of demand for a product, while option B ("chain of command") refers to the hierarchical structure within an organization. Option D ("value chain") refers to the series of activities involved in delivering a product or service to the customer and adding value at each stage.

Question 18

________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.
A) Misrepresentation
B) Negligence
C) Nuisance
D) Fraud

Accepted Answer

Negligence is the tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff. Misrepresentation and fraud are related to intentional misrepresentation or deception, and nuisance is related to interference with the use and enjoyment of property.

Question 19

Diane bought an action figure for David, her 3-year-old son, from Terrence's Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?
A) negligence
B) misrepresentation
C) fraud
D) nuisance

Accepted Answer

Diane can sue Terrence's Toy Shop for negligence as they did not mention that the toy contained small detachable parts which could be a potential hazard for children. The shop had a duty to provide adequate warning and failed to do so, which resulted in harm to David. Misrepresentation, fraud, and nuisance do not apply in this scenario.

Question 20

Betty buys a lawnmower manufactured by FlatPlanes Inc. from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?
A) Betty can sue Harvey's department store for negligence.
B) Betty can sue either Harvey's department store or FlatPlanes for strict liability.
C) Betty can only sue FlatPlanes for strict liability as it manufactured the defective lawnmower.
D) Betty can only sue Harvey's department store for strict liability as it sold her the defective lawnmower.

Accepted Answer

Since the defect is in the design of the lawnmower, Betty can sue either Harvey's department store or FlatPlanes for strict liability. Strict liability means that the manufacturer or distributor is responsible for damages caused by a defective product, regardless of whether they were negligent or not. In this case, both the manufacturer and the retailer can be held responsible. Betty cannot sue Harvey's for negligence alone, as there is no indication of negligence on their part.

Quiz 6: Product and Strict Liability

Intentional misrepresentation occurs when a seller or lessor ________.

According to the doctrine of strict liability, which of the following parties is strictly liable for injuries caused by a defective product?

Compare the tort doctrines of negligence and misrepresentation.

Which of the following statements is true about strict liability?

Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case?

Intentional misrepresentation occurs when a seller or lessor conceals a defect in a product.

Allenby Spares Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel Inc. from Allenby Spares and is involved in an accident caused by the faulty brake in his vehicle. Which of the following is true of this situation?

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

An injured party may bring a negligence lawsuit against the distributors and retailers of the defective product.

In a negligence lawsuit, parties who were not actually negligent are also liable to the plaintiff.

Because manufacturers, sellers and lessors often intentionally misrepresent the quality of their products, fraud is commonly the basis for a product liability lawsuit.

Negligence requires a defendant to be at fault for causing the plaintiff's injuries.

Intentional misrepresentation occurs when a seller or lessor affirmatively misrepresents the quality of a product.

________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction.

________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.

Betty buys a lawnmower manufactured by FlatPlanes Inc. from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?