Question 1

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third)of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

Accepted Answer

The Restatement (Third) of Torts: Products Liability states that a warning defect may exist if a foreseeable risk of harm is posed by a product and the omission of a warning renders the product not reasonably safe. Therefore, Choice A is the best answer. Choice B relates to a design defect, Choice C relates to a manufacturing defect, and Choice D is irrelevant to the question.

Question 2

Horizon Corporation makes cell phones.Ginvera files a product liabil?ity suit against Horizon,alleging a design defect.Under the Restate?ment (Third)of Torts: Products Liability,in deciding whether to hold Horizon liable,the court may consider the "reasonableness" of

Accepted Answer

According to Restatement (Third) of Torts: Products Liability, an available alternative design is one of the factors to be considered in deciding whether to hold the manufacturer liable for a design defect. Therefore, the court may consider the availability and feasibility of an alternative design in determining the reasonableness of the manufacturer's design choices.

Question 3

Good Tire Company and Hiway Auto Service enter into a contract for a sale of tires.Good Tire is a merchant who deals in goods of the kind sold.Under the UCC,an implied warranty of merchantability arises

Accepted Answer

Under the UCC, an implied warranty of merchantability arises automatically in sales contracts if the seller is a merchant who deals in goods of the kind sold. This warranty ensures that the goods sold are fit for their ordinary purpose and comply with the standards of the trade. The buyer does not need to ask for it, and the seller cannot disclaim it.

Question 4

Sigrud buys spiked mountain-climbing shoes from Rockridge Gear store,telling the clerk that she wants the shoes to climb Mount Sharptop.The spikes come out of the shoes when Sigrud is on the side of the mountain,caus?ing her to be injured in a fall.Rockridge most likely breached

Accepted Answer

Sigrud communicated to the clerk at Rockridge Gear store that she wanted the shoes to climb Mount Sharptop, implying a particular purpose. Therefore, Rockridge breached the implied warranty of fitness for a particular purpose.

Question 5

Universal Assembly Company makes espresso machines and sells one to Vim through a misrepresentation on the label on which Vim relies and that results in an injury to Vim.Universal is most likely liable for

Accepted Answer

Universal Assembly Company made a misrepresentation on the label and Vim relied on it which resulted in an injury. This constitutes fraud, and therefore, Universal Assembly Company is likely liable. Option A is incorrect because a commonly known danger is not sufficient to establish liability. Option C is incorrect because privity of contract is not required for a manufacturer to be liable for injuries caused by a defective product. Option D is incorrect because puffery is not a misrepresentation of material fact and is not likely to result in liability for injury.

Question 6

Oven Products Company makes microwave ovens.Pico discovers that his Oven Products oven is defective and sues the maker for product liabil?ity based on strict liability.To win,Pico must show that

Accepted Answer

To win a product liability case based on strict liability, the plaintiff must only show that they suffered an injury caused by a defective product. It is not necessary for the plaintiff to show that the manufacturer sold the product to them or that they knew about the defect. However, the plaintiff must show that the defect caused their injury. Option A is incorrect because it is not necessary for Pico to show that Oven Products sold the oven to him. Option B is incorrect because it is not necessary for Pico to show that he knew about the defect. Option D is incorrect because the fact that the defect may have been a commonly known danger does not absolve the manufacturer of liability for injuries caused by the defect.

Question 7

Sweet Candy,Inc. ,and Tasty Treats Stores enter into a contract for a sale of candy.Sweet,a merchant who deals in goods of the kind sold,makes express warranties in connection with the sale.Under the UCC,at the time a contract is formed,an express warranty can be disclaimed or modified

Accepted Answer

Under the UCC, an express warranty can be disclaimed or modified by clear, conspicuous language called to the buyer's attention at the time the contract is formed. This means that the seller must use clear and readily noticeable language to alert the buyer that the express warranty is being disclaimed or modified.

Question 8

Dorothy eats a candy bar made and sold by Eastwich Candy Corporation and becomes ill.Dorothy files a suit against Eastwich,alleging that the candy bar was not merchantable.Merchantable food is food that is fit to eat on the basis of

Accepted Answer

Merchantable food is determined by consumer expectations. In other words, if the food is not fit to eat based on what a reasonable consumer would expect, it is not merchantable.

Question 9

Sea Locate,Inc. ,makes and sells marine navigation equipment,through inde?pendent salespersons,to retailers for resale to consumers.The Magnuson-Moss Warranty Act covers

Accepted Answer

The answer of Sea Locate,Inc. ,makes and sells marine navigation...

Question 10

Oceanic Vessels,Inc. ,and Pacific Harbor Company enter into a contract for a sale of a barge.Oceanic is a merchant who deals in goods of the kind sold.The goods are defective.Under the UCC,the implied warranty of merchantability is breached

Accepted Answer

Under the UCC, the implied warranty of merchantability is breached regardless of whether the merchant knew or could have discovered the defect. This warranty is a guarantee that the goods sold by a merchant are at least of average quality and fit for their ordinary purpose. Since the goods sold by Oceanic were defective, this warranty was breached, and Pacific Harbor Company may seek remedies for the breach.

Question 11

Toyoda Company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition.If the pedals or other parts are defective,strictly liable for any damage caused by the defects are

Accepted Answer

Both Toyoda and the subcontractors can be held strictly liable for defects. Toyoda, as the assembler and seller of the final product, is responsible for ensuring the safety of its vehicles, while subcontractors are responsible for the quality of the parts they supply.

Question 12

Cold Stuf,Inc. ,makes snowboards,which it sells to Deep Freeze Sports Store (DFS).DFS sells Cold Stuf boards to consumers,in?cluding Ed.Ed is in?jured while using the board.In a product liabil?ity suit based on strict li?ability,Ed may recover from

Accepted Answer

Under strict liability, both the manufacturer (Cold Stuf) and the retailer (DFS) can be held liable for any injuries caused by the defective product. As such, Ed may recover from both Cold Stuf or DFS.

Question 13

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

Accepted Answer

In a product liability case based on negligence, the plaintiff (Troy) must prove that the defendant (Stable) did not exercise due care with respect to the design, manufacture, or inspection of the product (trimmer) that caused the injury. It is not necessary for the plaintiff to be in privity of contract with the defendant, nor is it relevant whether the plaintiff was experienced in using similar products or whether the defendant made any misrepresentations.

Question 14

Dwayne,an electrician,files a suit against Electro Mechanix,Inc. ,alleging that its circuit breakers are unreasonably dangerous due to the possibility of electrical shock.Dwayne's suit is most likely to

Accepted Answer

Dwayne's suit is likely to fail because as a knowledgeable user, he is expected to understand the risks associated with using circuit breakers, including the possibility of electrical shock.

Question 15

Regional Lumber Company and Superior Builders Corporation enter into a contract for a sale of wood products.Regional,a merchant who deals in goods of the kind sold,makes implied and express warranties in connection with the sale.Under the UCC,if these are inconsistent

Accepted Answer

The answer of Regional Lumber Company and Superior Builders Corporation...

Question 16

Musical Tones,Inc. ,sells fifty MP3 players to Noise Stores,Inc.To avoid liability for most implied warranties,Musical should state in writing that the players are sold

Accepted Answer

By stating that the MP3 players are sold "as is," Musical Tones, Inc. is indicating that they are not providing any implied warranties and that Noise Stores, Inc. is assuming the risk for any defects or issues that may arise with the MP3 players.

Question 17

Merchant Supply Company and National Discount Stores enter into a contract for a lease of cash registers.Merchant assures National that it has valid title to the goods.Under the UCC,this type of title warranty arises

Accepted Answer

The answer of Merchant Supply Company and National Discount Stores...

Question 18

Summer Breeze,Inc. ,contracts for the sale of fifty ceiling fans to Island Décor store.Tyrone buys one of fans from the store.The applicable statute of limitations prescribes a period of four years.To bring a product liability claim against Summer Breeze,Tyrone must file a suit within four years of

Accepted Answer

The statute of limitations for product liability claims typically begins when the injury is discovered or should have been discovered, not from the date of sale or manufacture.

Question 19

Parker,a salesperson for Quality Textiles,Inc. ,shows Rosa,a fabric buyer for Style Clothing Company,samples of cloth,stating that any ship?ment will match the samples.This statement is

Accepted Answer

Parker's statement is an express warranty, which is a specific promise made by the seller to the buyer about the product's quality, performance, or other features.

Question 20

The brakes on a train owned by Western & Eastern Railroad Company malfunction.The train rolls towards main?te?nance workers on the tracks.Everyone gets out of the way except Vincent,who wants to show off.The train hits Vincent,who sues United Hydraulics,Inc. ,the brakes' manufacturer.United Hydraulics can raise the defense of

Accepted Answer

Assumption of risk is a defense that can be raised by a defendant in a product liability case when the plaintiff voluntarily and unreasonably exposes themselves to a known risk. In this case, Vincent voluntarily put himself in harm's way by staying on the tracks when he knew that the train was coming.

Quiz 22: A: Warranties and Product Liability

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third) of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

Horizon Corporation makes cell phones.Ginvera files a product liabil?ity suit against Horizon,alleging a design defect.Under the Restate?ment (Third) of Torts: Products Liability,in deciding whether to hold Horizon liable,the court may consider the "reasonableness" of