FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 6: Product and Strict Liability

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 31

Multiple Choice

Review LaterAdd Note

Review Later

________ is a doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car accident.

A) Crash avoidance
B) Crashworthiness
C) Risk compensation
D) Conspicuity

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

Correct Answer

verified

Show Answer

Question 32

Multiple Choice

Review LaterAdd Note

Review Later

Clayton, Inc.is a toy manufacturer that has released a new line of action figures.The toys are targeted to children between the ages of one to two.However, they come with tiny detachable weapons that can be accidentally swallowed by children of that age.Which of the following defects do the action figures have that will make them strictly liable for any injuries caused?

A) defect in design
B) failure to provide adequate instructions
C) failure to warn
D) defect in packaging

E) A) and D)
F) A) and C)

Correct Answer

verified

Show Answer

Question 33

Multiple Choice

Review LaterAdd Note

Ruggers is a maker of a range of highly popular cruise motorcycles.Tim buys a Ruggers motorcycle from a dealership and suffers an accident.While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems.Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50, 000 in damages.The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest.Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?

Failure to properly assemble a product constitutes a defect in design by the manufacturer.

Which of the following statements is true when there is a defect in design of a product?

A pharmaceutical company has disclosed a list of side effects of its new prescription drug.A consumer, taking the drug in the right doses, suffers from one of these side effects and sues the company for product liability.Which of the following would be the pharmaceutical company's defense in this lawsuit?

Clive buys a rifle from Gun Manufacturing Company and goes hunting.During the hunting expedition he accidentally shoots himself in the foot.Which of the following would be true of this case?

Strict liability applies to services, but not products.

The statute of limitations begins to run when a product is first sold.

Allenby Spares, Inc.is a shop that sells spare automotive parts from various manufacturers.A customer buys a faulty brake manufactured by TurboDiezel, Inc.from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle.Which of the following is true of this situation?

The term ________ refers to the doctrine which applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.

Mary was getting a ride home in John's new car.On the way, a malfunctioning brake caused an accident and both Mary and John were injured.Which of the following statements is true of this situation?

Under the doctrine of comparative negligence, if the defendant is 50 percent responsible for injuries worth $10, 000 suffered by the plaintiff, then the defendant must pay $5, 000 in damages.

________ refers to a statute that limits the seller's liability to a certain number of years from the date when the product was first sold.

A seller of a defective product cannot be held strictly liable if it can be proved that he or she took all possible care in the preparation and sale of the product.

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

Describe the functions of the statute of limitations and the statute of repose.

The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

Compare the tort doctrines of negligence and misrepresentation.

Manufacturers and sellers are strictly liable for failing to warn customers of the generally known dangers of a product.