Question 1

Lucille bought a new lawn mower on sale at a local discount store.The mower did not come with an instruction book nor did it have warning labels placed near dangerous parts of the mower.If Lucille injures herself while using this mower, she can claim that she purchased a defective product.

Accepted Answer

The lack of an instruction book and warning labels on a potentially dangerous product may make it defective and increase the risk of injury to the user. Lucille can claim that the product was defective due to its lack of proper safety features.

Question 2

The Restatement (Third) of Torts: Products Liability has experienced rapid adoption by the states.

Accepted Answer

The answer of The Restatement (Third) of Torts: Products Liability...

Question 3

An implied warranty is found in the language of a sales contract.

Accepted Answer

An implied warranty is not explicitly stated in the contract but is automatically assumed by law to exist, providing minimum standards for the product or service.

Question 4

Misuse or abuse of the product is a defense to an action brought under 402A of the Restatement (Second) of Torts.

Accepted Answer

Misuse or abuse of the product can be a defense to an action brought under 402A of the Restatement (Second) of Torts. This means that if a user misuses or abuses a product in a way that is not intended by the manufacturer and this leads to injury or harm, the manufacturer may not be held liable for any damages that result. However, the defense of misuse or abuse will not apply if the product was inherently dangerous or defective, or if the user's misuse or abuse was foreseeable by the manufacturer.

Question 5

A warranty of title may be included only by specific language or by certain circumstances.

Accepted Answer

The answer of A warranty of title may be included...

Question 6

Terrell asks a salesperson what size of water heater he should buy for their twenty-unit motel.If Terrell purchases a tank based on the salesperson's suggestion, the salesperson's recommendation is:
A)an express warranty of merchantability regarding the water heater.
B)an implied warranty of merchantability regarding the water heater.
C)an implied warranty of fitness for a particular purpose.
D)no warranty, but only a statement of opinion.

Accepted Answer

The salesperson's suggestion is an implied warranty of fitness for a particular purpose. This is because Terrell specifically asked for a water heater for their motel, indicating a particular purpose for the product. The salesperson, as a professional, is expected to have knowledge about the products they sell and should therefore recommend one that is suitable for the intended purpose, thereby implying a warranty of fitness for that particular purpose.

Question 7

The Code does not permit a seller to seek to impose time limits within which a warranty is effective.

Accepted Answer

The Uniform Commercial Code (UCC) allows sellers to set time limits on warranties, as long as they are reasonable and clearly communicated to the buyer.

Question 8

Both design and manufacturing defects can subject a manufacturer or seller to product liability.

Accepted Answer

Both design and manufacturing defects can make a product unsafe and potentially subject the manufacturer or seller to product liability lawsuits.

Question 9

Horizontal privity pertains to remote sellers within the chain of distribution.

Accepted Answer

The answer of Horizontal privity pertains to remote sellers within...

Question 10

The liability of manufacturers and sellers of goods for a defective product or for its failure to perform adequately may be based on one or more of the following: negligence, misrepresentation, violation of a statutory duty, warranty, and strict liability in tort.

Accepted Answer

This statement accurately lists the different bases for liability in product liability cases.

Question 11

Under Alternative A of the Code's horizontal privity provision, a corporation may bring a case against the manufacturer of a defective product for breach of the warranty of merchantability.

Accepted Answer

The answer of Under Alternative A of the Code's horizontal...

Question 12

Section 402A provides that liability exists only if the product reaches "the user or consumer without substantial change in the condition in which it is sold."

Accepted Answer

Section 402A of the Restatement (Second) of Torts provides that liability exists for a defective product only if it reaches the user or consumer without substantial change in the condition in which it is sold.

Question 13

If the seller of goods is an expert and gives an opinion with regard to the goods, the seller may be liable for breach of warranty.

Accepted Answer

If the seller is an expert and provides an opinion regarding the goods, it is considered a warranty under the Uniform Commercial Code (UCC). If the goods do not meet the standard of the opinion given by the seller, then the seller may be liable for breach of warranty.

Question 14

An implied warranty exists by operation of law.

Accepted Answer

An implied warranty is a legal term that means that a product will meet certain standards of quality, even if these standards are not explicitly stated in a written contract. Implied warranties arise by operation of law, which means that they are automatically applied to every contract for the sale of goods, unless they are explicitly excluded.

Question 15

The main provision of the Restatement (Third) of Torts, Section 2, recognizes three types of product defects: manufacturing defects, design defects, and failure to warn.

Accepted Answer

This statement is correct. The Restatement (Third) of Torts, Section 2, does indeed recognize three types of product defects: manufacturing defects, design defects, and failure to warn.

Question 16

Under the CISG, the seller must deliver goods, unless otherwise agreed, that are fit for the purposes for which goods of the same description would ordinarily be used.

Accepted Answer

The CISG states that the seller must deliver goods that are fit for their ordinary purposes, unless otherwise agreed upon by the parties.

Question 17

Statutes of repose were enacted to give consumers more rights against large manufacturers.

Accepted Answer

Statutes of repose were actually enacted to limit the liability of manufacturers and other parties after a certain amount of time has passed. It sets a deadline on when a lawsuit can be filed, regardless of when the injury or damage occurred.

Question 18

With respect to horizontal privity, the strict liability in tort of manufacturers and other sellers extends to only buyers, users, and consumers, but not to injured bystanders.

Accepted Answer

The statement is incorrect. The strict liability in tort of manufacturers and other sellers extends to injured bystanders as well, regardless of whether they had a direct contractual relationship with the seller. Horizontal privity is not required for strict liability to apply to bystanders.

Question 19

An express warranty may consist of a sample.

Accepted Answer

An express warranty can consist of a sample, which means that the seller is providing a guarantee that the product being sold will match the quality and specifications of the sample shown.

Question 20

In Greene v.Boddie-Noell Enterprises, Inc., the court found that the fact that the plaintiff was burned proved the product was dangerously defective.

Accepted Answer

The court did not make a statement regarding the plaintiff being burned proving the product was dangerously defective. The court found that the product, a deep fryer, was defectively designed because it lacked a safety mechanism to prevent hot oil from spilling out if the basket was raised too quickly.

Quiz 22: Product Liability: Warranties and Strict Liability