Question 1

Which of the following is NOT true regarding product liability in the European Union according to the European Union product liability directive?

Accepted Answer

A)   Both a statute of limitations and a statute of repose are available.
B)   A manufacturer will not be liable if the defect was due to compliance of the product with mandatory regulations.
C)   The directive applies to services as well as products.
D)   A supplier or wholesaler is not strictly liable unless the injured party is unable to identify the manufacturer.E) A) and D)
F) None of the above

Question 2

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which the plaintiff's own negligence contributed to the injury.

Accepted Answer

A)   comparative fault
B)   contributory negligence
C)   assumption of risk
D)   both comparative fault and contributory negligenceE) A) and B)
F) A) and C)

Question 3

Courts examining the issue have reached varying results regarding whether computer software is a product subject to state product liability law.In which of the following situations have courts ruled it subject to liability law?

Accepted Answer

A)   A user adapted a software program to calculate payment and interest for various scenarios; the program then provided software that appeared to overcharge customers buying lower-priced items.
B)   Software calculated probabilities of various stocks to significantly increase in value and they,in fact,decreased.
C)   Software caused damage to a subscriber's computer and loss of its use.
D)   Software marketed to increase children's vocabularies did not show substantial increases among test subjects.E) B) and D)
F) A) and B)

Question 4

In regard to a product liability action,a disclaimer of liability is generally effective.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

Under federal law,manufacturers and sellers may be held strictly liable for a defective product but only if negligence can be shown.

Accepted Answer

A) True 
 B)False

Question 7

The Restatement (Third)requires that any claim of design defect be supported by a showing of a reasonable alternative design.

Accepted Answer

A) True 
 B)False

Question 8

According to the Restatement (Third)formulation of product liability law,a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor.

Accepted Answer

A) True 
 B)False

Question 9

Because the defect in the product is the basis for liability,under strict liability in tort,the injured person may recover damages even if the seller exercised all possible care.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

In which of the following cases would a manufacturer or seller be held liable for a user's injuries?

Accepted Answer

A)   The user was not considered a sophisticated user at the time of the product's manufacture but was considered a sophisticated user at the time of his or her use of the product.
B)   The user was injured while engaging in a misuse of the product that was unforeseeable by the manufacturer.
C)   The user was a sophisticated user.
D)   The user was injured while engaging in an unusual use of the product that was reasonably foreseeable by the manufacturer.E) B) and D)
F) None of the above

Question 12

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

Accepted Answer

A)   excused warning
B)   unnecessary warning
C)   sophisticated user
D)   absolute userE) A) and B)
F) C) and D)

Question 13

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.

Accepted Answer

A) True 
 B)False

Question 14

Fran sued Document Security Company,alleging injuries to both hands as a result of attempting to fix a jam in one of Document Security's paper shredders.Fran alleged the shredder was defective because it failed to contain warnings regarding the dangers to fingers and hands while attempting to fix jams.In order to succeed,Fran will have to show:

Accepted Answer

A)   all risk of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company.
B)   paper shredders are inherently dangerous products.
C)   Fran's injuries would not have occurred but for the absence of the warnings.
D)   foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by Document Security Company.E) C) and D)
F) B) and D)

Question 15

A product that was sold without a component part properly fastened to the product is an example of a __________ defect.

Accepted Answer

A)   design
B)   manufacturing
C)   nonliability-forming
D)   design and manufacturingE) A) and B)
F) A) and C)

Question 16

In an extreme case,a judge may set aside a jury verdict on causation grounds,if:

Accepted Answer

A)   the plaintiff can prove that the defendant intentionally refused to warn of known dangers.
B)   the defendant did not adequately warn of a particular risk that was known or knowable in light of the generally recognized information.
C)   labeling does not meet the needs of non-English speakers.
D)   no reasonable person could have deemed the failure to warn a proximate cause of the plaintiff's injury.E) A) and B)
F) A) and C)

Question 17

Under the preemption defense,certain federal laws and regulations that set minimum safety standards are held to preempt state-law product liability claims.

Accepted Answer

A) True 
 B)False

Question 18

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Accepted Answer

A) True 
 B)False

Question 19

Glade recently went to see an ophthalmologist for severe glaucoma.The doctor stated that Glade's vision was in danger and prescribed Seerite made by Drugco.Seerite was the newest and most promising treatment for glaucoma that exists.The product literature stated,"When used as directed,Seerite is 100% safe and effective for glaucoma." After reading this literature,Glade put it in the trash.Glade's examination of the pamphlet had overlooked a small statement on the back that read "Warning: In 2% of the population this product may produce uncontrollable weight gain." Three weeks after using Seerite,Glade had gained 50 pounds and continued to gain weight rapidly.Glade has stopped using Seerite but cannot lose the weight,which has created a separate health risk.Is Seerite a defectively designed drug? What defenses would be available to Drugco against this claim? Is there any other theory under strict product liability law that Glade may use to recover against Drugco? Discuss fully.

Accepted Answer

If the societal value of using an inhere...

Question 20

Which of the following is true under the UCC regarding the requirement of privity in a breach of warranty action?

Accepted Answer

A)   The UCC limits liability to those in privity with the seller who are injured by the goods.
B)   The UCC extends protection to those in privity with the seller who are injured by the goods and also to those in the buyer's household reasonably expected to use,consume,or be affected by the goods and who are injured by the goods.
C)   The UCC extends protection not only to those in privity with the seller,but also to any person who may reasonably be expected to use,consume or be affected by the goods and who is injured by the goods.
D)   The UCC has alternate provisions regarding the need for privity from which adopting states may choose.E) A) and B)
F) B) and D)

Exam 10: Product-Liability

Under the preemption defense,certain federal laws and regulations that set minimum safety standards are held to preempt state-law product liability claims.

Correct Answer
verified

Because the defect in the product is the basis for liability,under strict liability in tort,the injured person may recover damages even if the seller exercised all possible care.

Correct Answer
verified

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

Correct Answer
verified

Which of the following is NOT true regarding product liability in the European Union according to the European Union product liability directive?

Correct Answer
verified

Which of the following is true under the UCC regarding the requirement of privity in a breach of warranty action?

Correct Answer
verified

In an extreme case,a judge may set aside a jury verdict on causation grounds,if:

Correct Answer
verified

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which the plaintiff's own negligence contributed to the injury.

Correct Answer
verified

Under federal law,manufacturers and sellers may be held strictly liable for a defective product but only if negligence can be shown.

Correct Answer
verified

Correct Answer
verified

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Correct Answer
verified

Courts examining the issue have reached varying results regarding whether computer software is a product subject to state product liability law.In which of the following situations have courts ruled it subject to liability law?

Correct Answer
verified

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.

Correct Answer
verified

According to the Restatement (Third)formulation of product liability law,a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor.

Correct Answer
verified

In which of the following cases would a manufacturer or seller be held liable for a user's injuries?

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

A product that was sold without a component part properly fastened to the product is an example of a __________ defect.

Correct Answer
verified

Correct Answer
verified
If the societal value of using an inhere...
View Answer

The Restatement (Third)requires that any claim of design defect be supported by a showing of a reasonable alternative design.

Correct Answer
verified

In regard to a product liability action,a disclaimer of liability is generally effective.

Correct Answer
verified

Exam 10: Product-Liability

Under the preemption defense,certain federal laws and regulations that set minimum safety standards are held to preempt state-law product liability claims.

Correct AnswerverifiedShow Answer

Because the defect in the product is the basis for liability,under strict liability in tort,the injured person may recover damages even if the seller exercised all possible care.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which of the following is NOT true regarding product liability in the European Union according to the European Union product liability directive?

Correct AnswerverifiedShow Answer

Which of the following is true under the UCC regarding the requirement of privity in a breach of warranty action?

Correct AnswerverifiedShow Answer

In an extreme case,a judge may set aside a jury verdict on causation grounds,if:

Correct AnswerverifiedShow Answer

Under the doctrine of __________,the plaintiff's damages in a strict liability action may be reduced by the degree to which the plaintiff's own negligence contributed to the injury.

Correct AnswerverifiedShow Answer

Under federal law,manufacturers and sellers may be held strictly liable for a defective product but only if negligence can be shown.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

For a defendant to be held strictly liable,the plaintiff must prove that the defect existed at the time the product left the defendant.

Correct AnswerverifiedShow Answer

Courts examining the issue have reached varying results regarding whether computer software is a product subject to state product liability law.In which of the following situations have courts ruled it subject to liability law?

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

According to the Restatement (Third)formulation of product liability law,a product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor.

Correct AnswerverifiedShow Answer

In which of the following cases would a manufacturer or seller be held liable for a user's injuries?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

A product that was sold without a component part properly fastened to the product is an example of a __________ defect.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedIf the societal value of using an inhere...View AnswerShow Answer

The Restatement (Third)requires that any claim of design defect be supported by a showing of a reasonable alternative design.

Correct AnswerverifiedShow Answer

In regard to a product liability action,a disclaimer of liability is generally effective.

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
If the societal value of using an inhere...
View Answer

Correct Answer
verified

Correct Answer
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