Filters
Question type

Study Flashcards

People who keep domestic animals are strictly liable for any harm inflicted by the animals.​

A) True
B) False

Correct Answer

verifed

verified

Roadbuilders, Inc., uses dynamite in its operations. Sky-Hi Fireworx, Inc., stores explosives in its warehouses. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be​


A) ​none of the choices.
B) ​Roadbuilders and Sky-Hi.
C) ​Roadbuilders only.
D) ​Sky-Hi only.

E) A) and B)
F) None of the above

Correct Answer

verifed

verified

Marketing puffery has traditionally been recognized in product liability law as a product defect.​

A) True
B) False

Correct Answer

verifed

verified

Under the doctrine of strict liability, if there is no fault, there is no liability.​

A) True
B) False

Correct Answer

verifed

verified

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are​


A) ​avoidable by an alternative design.
B) ​foreseeable.
C) ​contrary to the instructions for the use of the product.
D) ​obvious.

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

Correct Answer

verifed

verified

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

A) True
B) False

Correct Answer

verifed

verified

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

A) True
B) False

Correct Answer

verifed

verified

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

A) True
B) False

Correct Answer

verifed

verified

Assumption of risk is no defense to a product liability action.​

A) True
B) False

Correct Answer

verifed

verified

A manufacturer's duty of care extends to the inspection and testing of products bought to incorporate in the final product.​

A) True
B) False

Correct Answer

verifed

verified

One characteristic of an abnormally dangerous activity is that it involves a low risk of serious harm.​

A) True
B) False

Correct Answer

verifed

verified

Bob is shopping in Carl's Hardware Store when a nail gun in use by Dan, one of Carl's employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools, Inc., the manufacturer of the gun, for product liability, on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?​

Correct Answer

verifed

verified

In an action based on strict liability, ...

View Answer

Flo is working on a construction site when she is injured on the job in the collapse of a Girder Company-made beam. At the time, Flo is not wearing any safety gear. In Flo's product liability suit against Girder, the company can most successfully raise the defense of​


A) ​preemption.
B) ​inadequate warning.
C) ​comparative negligence.
D) ​product misuse.

E) C) and D)
F) None of the above

Correct Answer

verifed

verified

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider​


A) ​the assumptions of Wideload.
B) ​the identity of Wideload's owner.
C) ​the intentions of Wideload.
D) ​the expectations of the ordinary consumer.

E) B) and C)
F) All of the above

Correct Answer

verifed

verified

The extreme risk of an activity is a defense against imposing strict liability.​

A) True
B) False

Correct Answer

verifed

verified

Agro, Inc., sells seed to farmers. Bram buys and plants Agro seed on his farm, but no crop grows because the seed is defective. Bram sues Agro for product liability based on negligence. To win, Bram must show that​


A) ​Agro sold the seed to Bram.
B) ​Bram knew and appreciated the risk caused by the defect.
C) ​Bram suffered damage caused by the defect.
D) ​the "defect" was a commonly known danger.

E) B) and C)
F) None of the above

Correct Answer

verifed

verified

A statute of limitations may restrict the time within which an action in product liability may be brought.​

A) True
B) False

Correct Answer

verifed

verified

Therapy Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a product liability suit against Therapy by a party allegedly injured by one of the devices, the company can most successfully raise the defense of​


A) ​preemption.
B) ​assumption of risk.
C) ​comparative negligence.
D) ​knowledgeable user.

E) None of the above
F) A) and B)

Correct Answer

verifed

verified

Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may consider​


A) ​consumers' general failure to read the product's warnings.
B) ​the plaintiff's specific failure to read the product warnings.
C) ​the obvious risks of other products.
D) ​the obvious risks of this product.

E) None of the above
F) All of the above

Correct Answer

verifed

verified

Cookin' Products Company makes heat convection ovens. DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, DeAnn must show that she​


A) ​bought the oven from Cookin'.
B) ​did not misuse the oven.
C) ​suffered an injury caused by the defect.
D) ​did not know of the defect.

E) All of the above
F) C) and D)

Correct Answer

verifed

verified

Showing 21 - 40 of 72

Related Exams

Show Answer