Product liability claims may be based on:
a. breach of warranty.
b. strict liability theories.
c. negligence theories.
d. All of these answers are correct. correct answers d. All of these answers are correct.
To maintain a negligence suit against a seller of a defective product:
a. the warr...
MBA 650-Ch 10 || with Error-free Solutions.
Product liability claims may be based on:
a. breach of warranty.
b. strict liability theories.
c. negligence theories.
d. All of these answers are correct. correct answers d. All of these answers are correct.
To maintain a negligence suit against a seller of a defective product:
a. the warranty must have been violated.
b. the seller of the product must have been the manufacturer of the product.
c. privity of contract need not be involved.
d. the injured person needs to have been the person who purchased the product. correct answers
c. privity of contract need not be involved.
Smith Company manufactures batteries. Even when they are manufactured to proper
specifications, they catch on fire if you use them for more than ten minutes straight due to Smith
Company's poor choice of material used to make them. This is most likely:
a. a design defect.
b. a manufacturing defect.
c. failure to warn.
d. not the problem of the manufacturer. correct answers a. a design defect.
Which of the following persons would most likely NOT be held strictly liable for a product
defect that injures a consumer?
a. A wholesale distributor of the product
b. A retail store
c. A person who sells the product used at a garage sale
d. The manufacturer of the product correct answers c. A person who sells the product used at a
garage sale
Always-Sharp Knife Company manufactures hunting knives. John buys a knife from Always-
Sharp and cuts himself with it while using it in a normal fashion. John sues Always-Sharp stating
that the knife was a dangerous product. Always-Sharp's best defense against liability is:
a. product misuse.
b. assumption of risk.
c. None of these answers are correct.
d. obvious risk. correct answers d. obvious risk.
In a breach of warranty action, which of the following is NOT true?
a. The reasonableness of the manufacturer's actions is critical.
b. The key issue is whether the product failed to meet the standards as established and
represented by the seller.
c. It can be for express or implied warranties.
d. There is a common law version as well as a UCC one. correct answers a. The reasonableness
of the manufacturer's actions is critical.
, To have a claim for strict liability for a product liability lawsuit, which of the following is
required?
a. The plaintiff was harmed by the product.
b. The injury was caused by the defect in the product.
c. All of these answers are correct.
d. The defect existed at the time the product left the defendant. correct answers c. All of these
answers are correct.
GoodLight Lantern Company manufactures battery operated lanterns. They are distributed by
Camping Supplies Distributing, Inc. and sold to final consumers by Camping Stores of America.
If a consumer was injured by an unreasonably dangerous GoodLight lantern, who would be
strictly liable?
a. All of these answers are correct.
b. Camping Supplies Distributing
c. GoodLight Lantern Company
d. Camping Stores of America correct answers a. All of these answers are correct.
Julie reads a book entitled "Homemade Bomb Making." In the process of trying to follow the
instructions of the book, she blows up her house. She brings a product liability lawsuit against
the book's manufacturer. Which of the following is true?
a. Julie would probably lose her case, since the book itself would be considered to be a product,
but the ideas in it would not.
b. Julie would probably lose her case, since books are not products.
c. Julie will probably win her lawsuit, since there is strict liability for design defects.
d. Julie would probably win her lawsuit, since books are products. correct answers a. Julie would
probably lose her case, since the book itself would be considered to be a product, but the ideas in
it would not.
A product may be considered to be unreasonably dangerous due to:
a. defects in its design.
b. manufacturing defects.
c. inadequate instructions or warnings.
d. All of these answers are correct. correct answers d. All of these answers are correct.
A flaw in a product that occurs during production is considered a design defect.
a. True
b. False correct answers b. False
A product that is made to manufacturer's specifications yet is still unreasonably dangerous to
users is:
a. a manufacturer's defect.
b. a design defect.
c. None of these answers are correct.
d. a warranty of fitness defect. correct answers b. a design defect.
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