Question 1

The first major application of the doctrine of strict liability for consumer products was in the area of:

Accepted Answer

The answer of The first major application of the doctrine...

Question 2

For the doctrine of strict liability to apply:

Accepted Answer

None of the other choices accurately describe the conditions necessary for the doctrine of strict liability to apply. Strict liability holds a manufacturer responsible for injuries or damages caused by their product, regardless of fault or intent, as long as the product was defective and unreasonably dangerous when it left the manufacturer's control. The application of strict liability does not depend on direct purchase from the manufacturer, misuse due to faulty instructions, specific injuries, or intentional misrepresentation.

Question 3

As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, misrepresentation about product quality in advertising may be the basis for:

Accepted Answer

Misrepresentation about product quality in advertising can lead to the imposition of strict liability on the manufacturer or seller of the product. Strict liability makes the manufacturer or seller responsible for harm caused to the user of the product, regardless of whether they were negligent or not. This is the principle that was applied in Baxter v. Ford Motor.

Question 4

The basis of the case in a(n) ____ case is the relationship between the manufacturer and the injured party.

Accepted Answer

Strict liability is a legal doctrine that holds manufacturers strictly liable for injuries caused by their products. In a strict liability case, the basis of the case is solely the relationship between the manufacturer and the injured party, without the need to prove any fault or negligence on the part of the manufacturer.

Question 5

An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(n):

Accepted Answer

An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates an express warranty. Implied warranties arise by operation of law and are not based on the seller's statements or promises. "Product warranty" is not a recognized legal term. "Caveat emptor" means "buyer beware" and is not related to warranties.

Question 6

In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which of the following parties?

Accepted Answer

Strict liability for product failure based on contract law involves the relationship between the manufacturer and the injured party, as the manufacturer has a contractual obligation to provide a safe and reliable product to the consumer. The other parties mentioned may be involved in the distribution or sale of the product, but they are not directly related to the contractual obligation between the manufacturer and the consumer.

Question 7

The first major application of the doctrine of strict liability for consumer products was in the area of:

Accepted Answer

The first major application of the doctrine of strict liability for consumer products was in the area of food and drink, specifically in the case of Greenman v. Yuba Power Products, Inc. in 1963. The plaintiff had purchased a ShopSmith woodworking machine that had a manufacturing defect, causing it to malfunction and injure him. The California Supreme Court held that the manufacturer was strictly liable for injuries caused by defective products, regardless of fault, and established the doctrine of strict liability for consumer products.

Question 8

In Mazetti v. Armour, a court in 1913 held that a food producer must provide food safe for human consumption, even if there is no privity of contract. Liability was based on:

Accepted Answer

Mazetti v. Armour established the concept of implied warranty of safety, which means that a food producer is liable for selling food that is unsafe for human consumption, even if there is no privity of contract or direct relationship between the producer and consumer. This concept is a common law doctrine and predates the UCC (Choice C). The case does not involve any misrepresentation (Choice A) or express warranty (Choice E) claims, and the caveat emptor doctrine (Choice B) was no longer applicable in this context due to the public health concerns at issue.

Question 9

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

Accepted Answer

Ford's liability was based on misrepresentation in advertisements, as they claimed that the glass in their car windshield was shatterproof but it was not. Baxter relied on this misrepresentation and suffered harm as a result.

Question 10

A(n) ____ warranty is one the law may insert regardless of actual contract terms.

Accepted Answer

An implied warranty is one that the law may insert regardless of actual contract terms. It is a guarantee that a product will meet certain standards of quality and performance.

Question 11

In Henningsen v. Bloomfield Motors, a New Jersey court allowed a woman to recover damages for injuries she suffered because of brake failure on her husband's car. The theory that the court applied to find strict liability was:

Accepted Answer

The court applied the theory of strict liability, which is distinct from the options provided. Strict liability does not require proof of negligence, breach of contract, or any misuse of powers or clauses. It holds manufacturers accountable for damages caused by defective products regardless of fault.

Question 12

In Henningsen v. Bloomfield Motors, a New Jersey court allowed a woman to recover damages for injuries she suffered because of brake failure on her husband's car. The theory that the court applied to find strict liability was:

Accepted Answer

The theory applied in this case was the implied warranty of safety, which holds manufacturers and sellers responsible for injuries caused by defects in their products, regardless of negligence or fault. This theory is a form of strict liability, which means that a plaintiff only needs to prove that the product was defective and caused their injury, without needing to prove that the defendant acted negligently.

Question 13

Strict liability may be imposed if you, the buyer, receive an oral or written statement about the quality of a good, that statement becomes part of your bargain with the manufacturer, and you suffer an injury because the statement was not accurate. This is known as:

Accepted Answer

This is known as an express warranty, where the manufacturer or seller makes a statement about the quality of the good, which becomes part of the agreement between the buyer and seller. If the statement is not accurate and the buyer suffers an injury, strict liability may be imposed on the seller.

Question 14

As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, ____ may be the basis for strict liability in tort.

Accepted Answer

The basis for strict liability in tort in Baxter v. Ford Motor is express warranty. Ford had claimed that the windshield was shatterproof, which created an express warranty that the product would perform as advertised. When the windshield failed to perform as advertised and caused injury, strict liability in tort was applied.

Question 15

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

Accepted Answer

Ford's liability was based on breach of express warranty, which is not listed among the choices.

Question 16

In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which of the following parties?

Accepted Answer

Strict liability for product failure based on contract law primarily concerns the relationship between the seller and the buyer, which is not explicitly listed among the provided options.

Question 17

The basis of the case in a(n) ____ case is the relationship between the manufacturer and the injured party.

Accepted Answer

The basis of the case in a product liability case, which is not listed among the options, is the relationship between the manufacturer and the injured party. None of the provided choices directly relate to this concept.

Question 18

For the doctrine of strict liability to apply:

Accepted Answer

Strict liability applies regardless of whether the consumer purchased the product directly from the manufacturer or from a retailer. The key factor is whether the product is in a defective condition when it leaves the control of the manufacturer. The other choices are incorrect because strict liability does not require the consumer to suffer life threatening injuries, nor does it depend on the manufacturer's intent to misrepresent the product.

Question 19

A(n) ____ warranty is one the law inserts into the relationship regardless of the actual contract terms.

Accepted Answer

A warranty that the law inserts into the relationship regardless of the actual contract terms is known as an implied warranty, not inferred, valid, explicit, or expiated. None of the provided options accurately describe this concept.

Question 20

As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, misrepresentation about product quality in advertising may be the basis for:

Accepted Answer

The answer of As seen in Baxter v. Ford Motor,...

Quiz 7: Business Torts and Product Liability

The first major application of the doctrine of strict liability for consumer products was in the area of:

For the doctrine of strict liability to apply:

As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, misrepresentation about product quality in advertising may be the basis for:

The basis of the case in a(n) ____ case is the relationship between the manufacturer and the injured party.

An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(n) :

In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which of the following parties?

The first major application of the doctrine of strict liability for consumer products was in the area of:

In Mazetti v. Armour, a court in 1913 held that a food producer must provide food safe for human consumption, even if there is no privity of contract. Liability was based on:

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

A(n) ____ warranty is one the law may insert regardless of actual contract terms.

In Henningsen v. Bloomfield Motors, a New Jersey court allowed a woman to recover damages for injuries she suffered because of brake failure on her husband's car. The theory that the court applied to find strict liability was:

In Henningsen v. Bloomfield Motors, a New Jersey court allowed a woman to recover damages for injuries she suffered because of brake failure on her husband's car. The theory that the court applied to find strict liability was:

Strict liability may be imposed if you, the buyer, receive an oral or written statement about the quality of a good, that statement becomes part of your bargain with the manufacturer, and you suffer an injury because the statement was not accurate. This is known as:

As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, ____ may be the basis for strict liability in tort.

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which of the following parties?

The basis of the case in a(n) ____ case is the relationship between the manufacturer and the injured party.

For the doctrine of strict liability to apply:

A(n) ____ warranty is one the law inserts into the relationship regardless of the actual contract terms.

As seen in Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, misrepresentation about product quality in advertising may be the basis for: