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Exam 10: product liability

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Question 1

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Following several injuries,a manufacturer of a chain saw installed an additional safety guard. In a lawsuit based on products liability,which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification?

A) That the modification was just recently designed.
B) That the modification involved a subsequent remedial measure.
C) That the company was not negligent.
D) There is no best position because it is well established that the evidence would be admitted.

E) A) and B)
F) A) and C)

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Question 2

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A seller should enter into a contract of indemnity with a manufacturer giving the seller a right to reimbursement if found liable for a defect caused by the manufacturer.

A) True
B) False

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Question 3

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Which of the following is false regarding product liability in the European Union according to the European Union product liability directive?

A statute of repose cuts off the right to assert a product liability action.

Because other countries have applied principles of assumption of risk,the U.S.is the only country where the tobacco industry faces legal problems.

A ________ defect occurs when,even though the product is manufactured according to specifications,it is unreasonably dangerous to users.

Set forth the elements of a strict liability claim.

Which of the following was the result in Pliva,Inc.v.Mensing,the case in the text before the U.S.Supreme Court involving the issue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn?

Fact Pattern 10-1 Polly buys a new iron and uses it for a few months without incident. She was surprised, however, when one day the iron gave her a significant shock. She suffered no lasting damages, but did have some pain from the incident. A few weeks later she read in the newspaper that the manufacturer had known for over a year about the iron's propensity to shock users, but had refused to take recall measures. She also read that some users had been severely shocked. Polly was outraged but wondered if she could sue because she really did not have significant injuries. -Refer to fact pattern 10-1. What type of damages would likely give Polly the most significant recovery?

A court is not bound by the Restatement's formulation of product liability law.

The European Union applies strict liability to services.

Under the ______ defense,a manufacturer is not liable to a sophisticated user of its product for failure to wan of a risk harm,or danger if the sophisticated user knew or should have known of the risk,harm,or danger.

What are the four basic parts of the rationale for strict product liability?

The doctrine of strict product liability in tort is grounded in the common law and was transported to this country from England in the 1800's.

Which of the following is not a theory on which a product liability claim can be based?

Scuba manufacturer designs and sells the best scuba gear on the market. All industry and governmental standards are met,and there is no better technologically feasible design than that used by the manufacturer. There had been no previous problems with the gear,but on one unfortunate day,the breathing apparatus on a unit malfunctioned resulting in a diver needing medical care. Assuming recognition in the jurisdiction involved,which of the following is the best defense to a lawsuit alleging a design defect brought by the diver?

The assumption of risk doctrine makes the manufacturer liable for a resulting injury.

If the use of a product carries an obvious risk,the manufacturer will not be held liable for injuries that result from ignoring the risk.

Under federal law,manufacturers,but not sellers,may be held strictly liable for a defective product.

A statute of ________ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.