Question 1

Without taking into account any statements made by either the salesperson or Ava regarding uses for the boat,what type of warranty did the seller make by merely selling the boat?

Accepted Answer

A)  The sale itself constituted both an express warranty and an implied warranty of merchantability but not an express warranty.
B)  The sale itself constituted an implied warranty of merchantability but not an express warranty or a warranty of fitness for a particular purpose.
C)  The sale itself constituted both an express warranty and a warranty of fitness for a particular purpose but not an implied warranty of merchantability.
D)  The sale itself constituted a warranty of fitness for a particular purpose but not an express warranty or an implied warranty of merchantability.
E)  The sale itself constituted an express warranty but not an implied warranty of merchantability or a warranty of fitness for a particular purpose.F) B) and E)
G) C) and D)

Question 2

What was the result in the case opener involving the lawsuit against the sperm bank for providing sperm with a genetic defect?

Accepted Answer

A)  The lawsuit was not dismissed,and the court ruled that a sperm bank could be sued under product liability laws.
B)  The lawsuit was not dismissed although the court ruled that the plaintiff could proceed only under a negligence theory.
C)  The lawsuit was dismissed because of the court's decision that the sperm was not defective.
D)  The lawsuit was dismissed because of the court's decision that the plaintiffs had suffered no damages.
E)  The lawsuit was dismissed because of the court's decision that sperm is not a product.F) A) and D)
G) A) and C)

Question 3

When an individual is a party to a contract,the law recognizes that individual as ________.

Accepted Answer

A)  Being connected by contract.
B)  Being in connect to contract.
C)  Being in privity of contract.
D)  Being in affiliation with contract.
E)  Being in association with contract.F) B) and C)
G) A) and E) C

Question 4

Under the Restatement Third) of Torts,which of the following results in strict liability?

Accepted Answer

A)  A manufacturing defect but not a design defect or a failure to warn.
B)  A design defect and a failure to warn but not a manufacturing defect.
C)  A design defect but not a manufacturing defect or a failure to warn.
D)  A manufacturing defect,a design defect,and a failure to warn.
E)  Both a manufacturing defect and a design defect but not a failure to warn.F) A) and B)
G) A) and C)

Question 5

Even if a harmful product cannot be traced back to a particular manufacturer,a plaintiff may still be able to recover in a products liability action under the market share theory.

Accepted Answer

A) True 
 B)False

Question 6

Which entities may be sued in product liability actions?

Accepted Answer

A)  Retailers and wholesalers but not manufacturers.
B)  Retailers and manufacturers but not wholesalers.
C)  Manufacturers but not retailers or wholesalers.
D)  Retailers,wholesalers,and manufacturers.
E)  Wholesalers and manufacturers but not retailers.F) B) and D)
G) D) and E)

Question 7

If Alessia is awarded a million dollars in her lawsuit,how would the judge apportion liability under the Market Share Theory?

Accepted Answer

A)  ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time the product was produced.
B)  ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time of Alessia's injury.
C)  ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time of the judgment.
D)  ColorCo,PaintCo,and BrightCo would each be liable for 1/3 of the judgment.
E)  ColorCo,PaintCo,and BrightCo would be liable for their share of the market at the time the paint was purchased.F) A) and E)
G) D) and E) A

Question 8

BrightCo wants to ask the court to dismiss it from the lawsuit.Which argument,if true,would not cause the court to dismiss BrightCo?

Accepted Answer

A)  BrightCo has never sold the product in Alessia's area.
B)  Alessia cannot prove that BrightCo's product was the product that caused Alessia harm.
C)  BrightCo sold the product in Alessia's area,but not until last year.
D)  BrightCo's product was not identical the product that harmed Alessia.
E)  There is no evidence that BrightCo's products ever contained lead.F) B) and E)
G) A) and B)

Question 9

Consumers do not have a right to recover damages for pain and suffering or for emotional distress in German product liability cases.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following products would likely have the lowest cost for product liability insurance?

Accepted Answer

A)  Window blinds with cords.
B)  Microwave ovens.
C)  Decorative wall art.
D)  Lamps.
E)  Coffee makers.F) C) and D)
G) A) and C)

Question 11

In a product liability action in which strict liability is alleged,courts focus on ________.

Accepted Answer

A)  Whether the seller exercised all possible care in the preparation and sale of the product.
B)  Whether the manufacturer was negligent.
C)  Whether the product was in a defective condition and unreasonably dangerous when sold.
D)  Whether the manufacturer knew of a problem with the product.
E)  Whether the consumer had a contractual relationship with the seller.F) B) and C)
G) A) and E)

Question 12

An implied warranty is a warranty that is clearly stated by the seller or manufacturer.

Accepted Answer

A) True 
 B)False

Question 13

A manufacturer of a raw material,such as baking soda,has no duty to warn the public of the consequences of using the product in a dangerous or criminal manner.

Accepted Answer

A) True 
 B)False  True

Question 14

Which of the following was true prior to the landmark 1916 case of MacPherson v.Buick Motor Company?

Accepted Answer

A)  Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty.
B)  Causes of actions against manufacturers of products were barred by an amendment to the U.S.Constitution that has since been repealed.
C)  Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing causation.
D)  Causes of actions against manufacturers of products were barred under federal law.
E)  Negligence was often used as a theory of recovery because of the ease in establishing privity of contract.F) B) and D)
G) A) and E)

Question 15

What is another name for the risk-utility test?

Accepted Answer

A)  The design defects test.
B)  The manufacturing purposes test.
C)  The retailer expectations test.
D)  The feasible alternatives test.
E)  The consumer expectations test.F) A) and E)
G) A) and D)

Question 16

When all products of a particular design are defective and dangerous,those products have which of the following types of defect?

Accepted Answer

A)  Primary.
B)  Design.
C)  Exclusionary.
D)  Manufacturing.
E)  Warning.F) B) and C)
G) All of the above

Question 17

What must a plaintiff show to establish a claim for breach of express warranty?

Accepted Answer

A)  The representation was the basis of the bargain and the breach was the defendant's fault.
B)  The representation was the basis of the bargain and there was a breach of the representation.
C)  There was a breach of the representation and the breach was the defendant's fault.
D)  The representation was the basis of the bargain,there was a breach of the representation,and the defendant's negligence caused her injury.
E)  The representation was the basis of the bargain,there was a breach of the representation,and the breach was the defendant's fault.F) None of the above
G) C) and D)

Question 18

A statute violation that causes the harm that the statute was enacted to prevent constitutes ________.

Accepted Answer

A)  Negligence per se.
B)  Strict negligence.
C)  Assumption of the risk
D)  Comparative negligence
E)  Strict scrutiny.F) C) and D)
G) A) and E)

Question 19

Which of the following defenses identifies that the harm was caused by the plaintiff's failure to properly use the product rather than by the defendant's negligence?

Accepted Answer

A)  Misapplication.
B)  Assumption of the risk.
C)  Pure comparative fault.
D)  Last-clear-chance.
E)  Product misuse.F) C) and D)
G) B) and C)

Question 20

Which of the following is true about expert witnesses?

Accepted Answer

A)  The defendant usually hires an expert whose testimony is limited to evaluating the age of the defective product.
B)  Expert witnesses are widely used because of the low cost involved.
C)  Expert witnesses are not deposed during litigation.
D)  Judges are responsible for assessing the admissibility of an expert's opinion.
E)  Only the plaintiff hires an expert in order to show causation.F) A) and B)
G) C) and D)

Exam 10: Product Liability

Without taking into account any statements made by either the salesperson or Ava regarding uses for the boat,what type of warranty did the seller make by merely selling the boat?

Correct AnswerverifiedShow Answer

What was the result in the case opener involving the lawsuit against the sperm bank for providing sperm with a genetic defect?

Correct AnswerverifiedShow Answer

When an individual is a party to a contract,the law recognizes that individual as ________.

Correct AnswerverifiedC

Under the Restatement Third) of Torts,which of the following results in strict liability?

Correct AnswerverifiedShow Answer

Even if a harmful product cannot be traced back to a particular manufacturer,a plaintiff may still be able to recover in a products liability action under the market share theory.

Correct AnswerverifiedShow Answer

Which entities may be sued in product liability actions?

Correct AnswerverifiedShow Answer

If Alessia is awarded a million dollars in her lawsuit,how would the judge apportion liability under the Market Share Theory?

Correct AnswerverifiedA

BrightCo wants to ask the court to dismiss it from the lawsuit.Which argument,if true,would not cause the court to dismiss BrightCo?

Correct AnswerverifiedShow Answer

Consumers do not have a right to recover damages for pain and suffering or for emotional distress in German product liability cases.

Correct AnswerverifiedShow Answer

Which of the following products would likely have the lowest cost for product liability insurance?

Correct AnswerverifiedShow Answer

In a product liability action in which strict liability is alleged,courts focus on ________.

Correct AnswerverifiedShow Answer

An implied warranty is a warranty that is clearly stated by the seller or manufacturer.

Correct AnswerverifiedShow Answer

A manufacturer of a raw material,such as baking soda,has no duty to warn the public of the consequences of using the product in a dangerous or criminal manner.

Correct AnswerverifiedTrue

Which of the following was true prior to the landmark 1916 case of MacPherson v.Buick Motor Company?

Correct AnswerverifiedShow Answer

What is another name for the risk-utility test?

Correct AnswerverifiedShow Answer

When all products of a particular design are defective and dangerous,those products have which of the following types of defect?

Correct AnswerverifiedShow Answer

What must a plaintiff show to establish a claim for breach of express warranty?

Correct AnswerverifiedShow Answer

A statute violation that causes the harm that the statute was enacted to prevent constitutes ________.

Correct AnswerverifiedShow Answer

Which of the following defenses identifies that the harm was caused by the plaintiff's failure to properly use the product rather than by the defendant's negligence?

Correct AnswerverifiedShow Answer

Which of the following is true about expert witnesses?

Correct AnswerverifiedShow Answer

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