Question 1

A duty of reasonable care is owed only to those in privity with the defendant.

Accepted Answer

A duty of reasonable care can extend beyond those in privity with the defendant, as established in cases like Donoghue v. Stevenson, where it was determined that a manufacturer owes a duty of care to the ultimate consumer, even if there is no direct contractual relationship (privity) between them.

Question 2

Len is a salesman at Warren Appliances.He tells Helen, a customer, that the washing machine she is considering is A-1 quality.She buys it.A week later, when using the washing machine, a part on the machine flies out at her, injuring her eye.

Accepted Answer

D

Question 3

MATCHING
-placing confidence in someone or something

Accepted Answer

N

Question 4

A mass tort is a separate cause of action.

Accepted Answer

A mass tort is not a separate cause of action but rather a type of civil action involving numerous plaintiffs against one or a few defendants in state or federal court, often concerning large-scale, complex litigation like product liability, pharmaceuticals, or environmental disasters.

Question 5

MATCHING
-imposes a duty of reasonable care to foreseeable users

Accepted Answer

The answer of MATCHING
-imposes a duty of reasonable care to...

Question 6

What are the main causes of action in a products liability case?

Accepted Answer

The main causes of action in a products liability case include negligence, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, and strict liability in tort. These legal theories provide the basis for holding manufacturers or sellers liable for damages caused by defective or unsafe products. Conversion is not typically a cause of action in products liability cases, as it relates to the wrongful possession or use of property, rather than liability for product defects.

Question 7

MATCHING
-the relationship that exists between contracting parties

Accepted Answer

The answer of MATCHING
-the relationship that exists between contracting parties
...

Question 8

MATCHING
-a way to apportion liability between the opposing parties

Accepted Answer

The answer of MATCHING
-a way to apportion liability between the...

Question 9

Products liability is a tort.

Accepted Answer

The answer of Products liability is a tort....

Question 10

In a strict liability in tort case, someone who rents products in a business might be considered a seller.

Accepted Answer

In strict liability tort cases, courts can consider those who rent products as part of their business to be sellers because they are providing goods to consumers in a commercial transaction, thus holding them to similar responsibilities as sellers for ensuring the safety of their products.

Question 11

Strict liability in tort cannot apply unless the defendant is found to be negligent.

Accepted Answer

Strict liability in tort law applies regardless of negligence, meaning a defendant can be held liable for harm without proof of fault or negligence.

Question 12

MATCHING
-responsibility for harm whether caused innocently, intentionally, or negligently

Accepted Answer

The answer of MATCHING
-responsibility for harm whether caused innocently, intentionally,...

Question 13

A product is defective if it is lacking in some particular that is essential to completeness, safety, or legal sufficiency.

Accepted Answer

A product is considered defective if it fails to meet the necessary standards of completeness, safety, or legal compliance, which are essential for its intended use.

Question 14

Tom is a passenger in a car made by the Ford Motor company, which Ted purchased from Richardson Ford.The car met with an accident in which Tom and Ted are injured.

Accepted Answer

Ted purchased the car from Richardson Ford, establishing a direct contractual relationship (privity) with them. However, there is no direct contractual relationship between Ted and the Ford Motor Company, as the purchase was through a dealership.

Question 15

Misuse is a defense to strict liability in tort when the misuse is unforeseeable and extreme.

Accepted Answer

Misuse can be a defense to strict liability if the misuse of the product was unforeseeable and extreme, breaking the causal chain between the product and the harm.

Question 16

MATCHING
-statement that cannot be objectively verified

Accepted Answer

The answer of MATCHING
-statement that cannot be objectively verified
...

Question 17

In a settlement class action, the parties do not intend to litigate the claims made in the complaint because they have reached a settlement before trial.

Accepted Answer

In a settlement class action, the parties have agreed to settle the case before it goes to trial, meaning they do not intend to litigate the claims made in the complaint further.

Question 18

Global peace cannot be achieved if parties opt out of a class action.

Accepted Answer

If parties opt out of a class action, it means they are not willing to be bound by the outcome of the lawsuit. This can make it difficult to achieve global peace, as it means that some parties may not be willing to comply with the terms of any peace agreement.

Question 19

Puffing is unexpected exaggeration of quality.

Accepted Answer

The answer of Puffing is unexpected exaggeration of quality....

Question 20

Under § 402A, a product must not be unreasonably dangerous for its intended and foreseeable use.

Accepted Answer

Section 402A of the Restatement (Second) of Torts imposes strict liability on sellers of any product in a defective condition unreasonably dangerous to the user or consumer, emphasizing the importance of safety in intended and foreseeable use.

Quiz 16: Products Liability