Question 1

Recovery in a product liability case may be limited when it can be shown that the plaintiff misused the product.

Accepted Answer

If the defendant can prove that the plaintiff's misuse of the product was the cause of the injury, the plaintiff's recovery may be limited or completely barred. This is because the manufacturer cannot be held liable for injuries resulting from a plaintiff's misuse or abnormal use of the product.

Question 2

Assumption of risk can never be used as a defense in a product liability action.

Accepted Answer

Assumption of risk can be used as a defense in a product liability action if the plaintiff was aware of the risks associated with the product and still chose to use it. However, the effectiveness of this defense depends on the specific circumstances of the case.

Question 3

Vehicle Wholesale Company and Walt's Retail Motors enter into a contract for a sale of used cars.Vehicle Wholesale assures Walt's that it has valid title to the vehicles.Under the UCC,warranties of title arise​

Accepted Answer

Under the UCC, warranties of title arise automatically in most sales contracts, meaning that the seller is warranting that they have valid title to the goods being sold.

Question 4

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

Accepted Answer

In strict product liability, a product does not need to be reasonably dangerous to a user or consumer. Rather, the product must be deemed unreasonably dangerous, meaning that it poses an unexpected risk of harm beyond what an ordinary consumer would anticipate.

Question 5

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Accepted Answer

The answer of An action in strict product liability requires...

Question 6

Global Talk Corporation sells phones and other mobile devices.Under most circumstances,Global Talk will be presumed to have warranted that its title to the goods is​

Accepted Answer

According to the Uniform Commercial Code (UCC), a seller is presumed to have warranted that its title to the goods is good and valid, unless stated otherwise. Therefore, under most circumstances, Global Talk Corporation will be presumed to have provided this warranty of title.

Question 7

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Accepted Answer

A product liability action based on negligence does not require privity of contract between the injured plaintiff and the defendant-manufacturer. The plaintiff only needs to prove that the defendant had a duty of care, breached that duty, and the breach caused the plaintiff's injuries.

Question 8

Phoenix,a salesperson for Quality Fruit,Inc.,shows Robert,a buyer for Sweet Home Fruit Company,samples of peaches,stating that any shipment will match the samples.This statement is​

Accepted Answer

Phoenix's statement is a specific promise about the goods being sold, known as an express warranty. An express warranty is a guarantee made by the seller to the buyer that the goods will conform to certain standards, including quality or performance.

Question 9

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 can support the imposition of liability on a strict product liability basis.

Question 10

No seller is required to give a written warranty for consumer goods sold.

Accepted Answer

Under the Magnuson-Moss Warranty Act, sellers are not required to provide a written warranty for consumer goods, but if they do, it must comply with certain regulations.

Question 11

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

The language used ("presumed to have warranted") implies that there is a presumption of good title, meaning that Big Screen Video Corporation is assumed to have good and valid title to the products it is selling.

Question 12

A full warranty requires free repair or replacement of any defective part.

Accepted Answer

A full warranty provides for the repair or replacement of any defective part at no cost to the consumer.

Question 13

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 can support the imposition of liability on a strict product liability basis if it is proven that the design was unreasonably dangerous and caused harm to the plaintiff.

Question 14

The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.

Accepted Answer

Manufacturing defects are a recognized type of product defect in product liability law. Other types of product defects include design defects and warning defects.

Question 15

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

Accepted Answer

This is correct. Strict liability is a legal doctrine that holds manufacturers responsible for injuries caused by their products, regardless of fault. This is done in part because manufacturers are considered to have the resources and expertise to bear the costs of injuries caused by their products.

Question 16

In sales law,failing to examine the goods and refusing to examine the goods are considered the same thing.

Accepted Answer

Failing to examine the goods means that the buyer did not inspect the goods before purchasing them, while refusing to examine the goods means that the buyer had the opportunity to inspect the goods but deliberately chose not to. These are two different situations and have different legal implications.

Question 17

Greg,a salesperson for Home Improvement Center,tells Irena,"This is the best floor sander I've ever seen." This statement is​

Accepted Answer

This statement is not a legally binding warranty and is considered sales puffery, which is exaggerated or subjective language used to promote a product.

Question 18

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

Accepted Answer

The tort of fraud can be one basis for product liability when a user is injured as a result of a seller's misrepresentation.

Question 19

If the misuse of a product is reasonably foreseeable,the seller must take measures to guard against it.

Accepted Answer

This is known as the "foreseeability rule" in product liability law. The seller has a duty to anticipate and guard against any reasonably foreseeable misuse of their product. Failure to do so can result in liability for any resulting harm or injury caused by the misuse.

Question 20

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

The statement is incorrect. The imposition of strict product liability does not require substantial changes to the product. Instead, it places liability on the manufacturer for any injuries or damages caused by a defective product regardless of the degree of change from the time of sale to the time of injury.

Quiz 21: Warranties and Product Liability

Recovery in a product liability case may be limited when it can be shown that the plaintiff misused the product.

Assumption of risk can never be used as a defense in a product liability action.

Vehicle Wholesale Company and Walt's Retail Motors enter into a contract for a sale of used cars.Vehicle Wholesale assures Walt's that it has valid title to the vehicles.Under the UCC,warranties of title arise​

An action in strict product liability requires that a product be reasonably dangerous to a user or consumer.

An action in strict product liability requires that the product not be in a defective condition when the defendant sells it.

Global Talk Corporation sells phones and other mobile devices.Under most circumstances,Global Talk will be presumed to have warranted that its title to the goods is​

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Phoenix,a salesperson for Quality Fruit,Inc.,shows Robert,a buyer for Sweet Home Fruit Company,samples of peaches,stating that any shipment will match the samples.This statement is​

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

No seller is required to give a written warranty for consumer goods sold.

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​

A full warranty requires free repair or replacement of any defective part.

A design defect is not the sort of product defect that will support the imposition of liability on a strict product liability basis.

The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.

The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products.

In sales law,failing to examine the goods and refusing to examine the goods are considered the same thing.

Greg,a salesperson for Home Improvement Center,tells Irena,"This is the best floor sander I've ever seen." This statement is​

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

If the misuse of a product is reasonably foreseeable,the seller must take measures to guard against it.

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.

Vehicle Wholesale Company and Walt's Retail Motors enter into a contract for a sale of used cars.Vehicle Wholesale assures Walt's that it has valid title to the vehicles.Under the UCC,warranties of title arise

Global Talk Corporation sells phones and other mobile devices.Under most circumstances,Global Talk will be presumed to have warranted that its title to the goods is

Phoenix,a salesperson for Quality Fruit,Inc.,shows Robert,a buyer for Sweet Home Fruit Company,samples of peaches,stating that any shipment will match the samples.This statement is

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

Greg,a salesperson for Home Improvement Center,tells Irena,"This is the best floor sander I've ever seen." This statement is