Question 1

Fact Pattern 17-2 
Elsie buys a car under warranty from Ferb's Auto Sales,Inc. ,in a state that has a lemon law.General Vehicles Corporation (GVC)made the car.Its transmis?sion does not function properly,a defect that significantly affects its use and value.
-Refer to Fact Pattern 17-2.Under the lemon laws in most states,to re?solve the problem,Elsie must first

Accepted Answer

Elsie should first notify Ferb's or GVC of the problem under the lemon laws. Most states require the manufacturer or seller of the defective product to have an opportunity to fix the problem before a lawsuit is filed or arbitration program is utilized.

Question 2

Cool Electronix makes DVD players.Edie is injured while using a Cool player,which also damages her house.She sues Cool for product liability based on strict liability.In most states,to recover damages,she must show

Accepted Answer

In strict product liability cases, the plaintiff does not need to prove how or why the product became defective, only that it was defective and caused injury.

Question 3

Lawn & Garden Tool Company makes hedge trimmers.Mal is injured while using a Lawn & Garden trimmer and sues the company for product liability based on neg?ligence.To win,Mal must show that

Accepted Answer

In order to prove product liability based on negligence, Mal must show that Lawn & Garden did not use due care with respect to the trimmer. This means that the company failed to take reasonable steps to ensure that the product was safe for its intended use. Mal's experience with the product or any contractual relationship with Lawn & Garden are not relevant to this claim. Misrepresentation of a material fact would fall under a different type of product liability claim (such as fraud).

Question 4

Fun Toyz Corporation makes skateboards,which it sells to con?sumers,including Holly and Ira.Due to a defect,Holly is injured while using her new board.Ira's board has the same defect,but he is not injured.In a product liability suit based on strict liabil?ity,Fun Toyz may be liable to

Accepted Answer

In a strict liability product liability suit, the manufacturer is liable for injuries caused by a defective product. Holly was injured due to the defect, so Fun Toyz may be liable to her. Ira, although he has a defective product, has not suffered any injury, so Fun Toyz is not liable to him.

Question 5

Useful Tool Company makes and leases a backhoe to Vic.Due to a defect attributable to Useful's negligence,Vic is injured in an accident in which Warren is also hurt.In a product liability suit based on negligence,Useful may be liable to

Accepted Answer

Useful Tool Company may be held liable to both Vic and Warren as they suffered injuries due to the backhoe's defect, which was attributable to Useful's negligence. Both parties may bring a product liability suit against Useful for negligence.

Question 6

Fact Pattern 17-1 
Bret,a representative of Concrete Products,Inc. ,assures Durable Construction Company (DCC)that Concrete's cement will not crack within a certain range of temperatures.DCC uses the product.When cracks develop within the stated temperature range,DCC files a suit against Concrete.
-Refer to Fact Pattern 17-1.The court is most likely to rule in favor of

Accepted Answer

Bret's assurance that the cement will not crack within a certain range of temperatures is an express warranty. DCC relied on this warranty and used the product. When the product failed to meet the warranty, DCC has a right to sue Concrete. Therefore, the court is likely to rule in favor of DCC.

Question 7

Farm Equipment,Inc. ,makes farm?ing machinery.Gail discovers that her Farm Equipment tractor is defective and sues the maker for product liability based on negligence.To win,Gail must show that

Accepted Answer

To succeed in a product liability claim based on negligence, the plaintiff must prove that they suffered an injury caused by the defect. The other options presented are not necessary elements for a product liability claim based on negligence.

Question 8

TalkTalk,Inc. ,makes and sells cell phones.In deciding whether the phones are merchantable,a court would focus on whether the phones are

Accepted Answer

The concept of merchantability pertains to whether a product is fit for the ordinary purpose for which such goods are used. The focus is on whether the product is usable for its intended purpose, rather than whether it was made using the best manufacturing methods or is of high quality. The fact that TalkTalk, Inc. sells the phones makes them a merchant, but this is not the main factor in determining merchantability.

Question 9

Fact Pattern 17-2 
Elsie buys a car under warranty from Ferb's Auto Sales,Inc. ,in a state that has a lemon law.General Vehicles Corporation (GVC)made the car.Its transmis?sion does not function properly,a defect that significantly affects its use and value.
-Refer to Fact Pattern 17-2.If Elsie submits a complaint to an arbitra?tion program,any decision by the arbitrator is binding on

Accepted Answer

The answer of Fact Pattern 17-2 
Elsie buys a car...

Question 10

In-House Products Company makes convection ovens.Joy discovers that her In-House oven is defective and sues the maker for product liabil?ity based on strict liability.To win,Joy must show that

Accepted Answer

To win a product liability case based on strict liability, the plaintiff must prove that they suffered an injury caused by the defect. The other options are not relevant in this scenario.

Question 11

Neil goes to Oil Shop to change the oil in his car.Pyle,the service tech?ni?cian,learns that Neil plans to take a trip and advises the use of a certain type of oil.The oil breaks down during the trip,damaging the car.Neil may recover from Oil Shop for breach of

Accepted Answer

Pyle, the service technician, advised Neil to use a certain type of oil for his trip. This creates an implied warranty of fitness for a particular purpose, which means that the oil must be suitable for a specific purpose (in this case, to be used during a trip) and the failure of the oil during the trip can be considered a breach of this warranty. Therefore, Neil can recover from Oil Shop for breach of an implied warranty of fitness for a particular purpose.

Question 12

Rite-Bilt Appliance Company markets its products through its own Rite-Bilt Appliance Stores.For Rite-Bilt's written disclaimer to nullify any express war?ranties,it must be

Accepted Answer

The disclaimer must be clear and conspicuous and called to the buyer's attention in order to effectively nullify any express warranties. This means that it must be noticeable and visible to the buyer, and not hidden or buried within the sales contract.

Question 13

Sierra Bikes,Inc. ,and Tess enter into a contract for the sale of a mountain bike.Sierra,a merchant who deals in goods of the kind sold,makes implied and express warranties in connection with the sale.The Magnuson-Moss Warranty Act,which applies to the warranty,attempts to prevent deception in warranties by

Accepted Answer

The Magnuson-Moss Warranty Act aims to make warranties easier to understand to prevent consumer deception.

Question 14

Fact Pattern 17-1 
Bret,a representative of Concrete Products,Inc. ,assures Durable Construction Company (DCC)that Concrete's cement will not crack within a certain range of temperatures.DCC uses the product.When cracks develop within the stated temperature range,DCC files a suit against Concrete.
-Refer to Fact Pattern 17-1.Suppose that the court rules against Concrete.The manufacturer might have avoided that result by

Accepted Answer

The answer of Fact Pattern 17-1 
Bret,a representative of Concrete...

Question 15

Lena visits Marvel-R-Us Cars,an auto dealer,and says she wants a hybrid car that can go thirty miles before using gas.Nip,a salesperson,recom?mends an Obie,which he says goes "at least forty gas-less miles." This is

Accepted Answer

The salesperson's statement that the car goes "at least forty gas-less miles" is a specific promise about the car's performance, which constitutes an express warranty.

Question 16

Power Products,Inc.(PPI),manufactures construction equipment.Quid is injured while using a PPI nail driver and sues the company for product liability based on misrepresentation.To win,Quid must show that

Accepted Answer

To win a product liability case based on misrepresentation, the plaintiff must prove that the defendant made a material misrepresentation which the plaintiff relied on. Privity of contract is not necessary for this type of claim. Lack of due care may be relevant in a negligence claim, but misrepresentation is a different legal theory. The experience of the plaintiff in using the product may be a factor in determining comparative fault, but it is not necessary for a misrepresentation claim.

Question 17

Import Carpet Store and Jeri enter into a contract for a sale of an Oriental rug.Import Carpet,a merchant who deals in goods of the kind sold,provides a general description of the rug,details its technical specifications,and shows a sample.Under the UCC,if these are inconsistent

Accepted Answer

Under the UCC, when there is an inconsistency between a sample and a general description, the sample takes precedence because it is considered a more reliable representation of the goods being sold.

Question 18

Omega Custom Tile Company designs and makes floor tiles.In a product liability suit based on negligence,Omega could be liable for vio?lating its duty of care with respect to

Accepted Answer

Omega Custom Tile Company could be liable for both the design and the making of the tiles if they failed to exercise reasonable care in ensuring that the tiles are safe for use. This means that they need to ensure that the design and the manufacturing process do not pose any unreasonable risk of harm to users.

Question 19

Rapid Autos,Inc. ,sells cars to consumers.To avoid liability for oral ex?press warranties,each sales agreement should note that a car is sold

Accepted Answer

Including a clause that warranties are only those included in the written contract helps avoid liability for any oral express warranties that might have been made during the sales process.

Question 20

Dripless Paint,Inc. ,sells paint and painting tools and supplies under "full" warranties.Under the Magnuson-Moss Warranty Act,this means that Dripless must provide

Accepted Answer

According to the Magnuson-Moss Warranty Act, full warranties must provide customers with a choice between a refund or replacement if a product cannot be fixed, as well as repair or replacement of defective parts. Therefore, Dripless Paint, Inc. must provide this choice to customers under their full warranties.

Quiz 17: Warranties and Product Liability