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MBA 650, Business Law (Ch. 10, Product Liability) || A+ Guaranteed.
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Product liability claims may be based on: a. strict liability theories. b. breach of warranty. c. All of these answers are correct. d. negligence theories. correct answers c. All of these answers are correct. To maintain a negligence suit against a seller of a defective product: a. the ...

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  • August 4, 2024
  • 8
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • product liability claims may be based on a stri

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MBA 650, Business Law (Ch. 10, Product Liability) || A+
Guaranteed.
Product liability claims may be based on:

a. strict liability theories.
b. breach of warranty.
c. All of these answers are correct.
d. negligence theories. correct answers c. 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. privity of contract need not be involved.
c. the injured person needs to have been the person who purchased the product.
d. the seller of the product must have been the manufacturer of the product. correct answers b.
privity of contract need not be involved.

Subsequent remedial measures:

a. are steps taken after an injury to improve a product.
b. help companies to improve the safety of their products.
c. are not allowed as proof of negligence in a products liability lawsuit.
d. All of these answers are correct. correct answers d. All of these answers are correct.

True or false: In order to recover in a strict liability case, the injured party must show that there
was a manufacturing or design defect, the defect made the product dangerous, and there was a
failure to warn of the risks associated with the product. correct answers True

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 manufacturing defect.
b. a design defect.
c. failure to warn.
d. not the problem of the manufacturer. correct answers b. 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. The manufacturer of the product
b. A person who sells the product used at a garage sale
c. A retail store

, d. A wholesale distributor of the product correct answers b. A person who sells the product used
at a garage sale

When market-share liability is imposed:

a. the plaintiff must prove which distributor supplied the product that caused his or her injury
only if the product was distributed internationally.
b. the plaintiff need not prove which particular distributor of a widely distributed product caused
his or her injury.
c. the plaintiff must prove which distributor supplied the product that caused his or her injury.
correct answers b. the plaintiff need not prove which particular distributor of a widely distributed
product caused his or her injury.

True or false: Building owners may be liable for diseases related to asbestos or mold under
building liability theory. correct answers False

Using a defense of unforeseeable product misuse:

a. to succeed, would require that the plaintiff did not know about the inherent danger of using the
product in a wrong way.
b. would be similar to using the defense of voluntary assumption of risk.
c. All of these answers are correct.
d. necessitates that the misuse must not have been reasonably foreseeable to the defendant seller.
correct answers c. All of these answers are correct.

When looking at comparative fault of the plaintiff and the defendant in a strict liability case:

a. comparative fault would bar recovery for the plaintiff.
b. comparative fault is never recognized.
c. comparative fault may reduce the plaintiff's recovery.
d. contributory negligence would bar recovery for the plaintiff. correct answers c. comparative
fault may reduce the plaintiff's recovery.

When making products for the government, a manufacturer who properly manufactures a
product to the government's specifications and is not more knowledgeable about the
specifications than the government:

a. will not be able to use the government-contractor defense, since this is designed to prevent
people from suing the government.
b. will be able to use the government-contractor defense, since this is designed to prevent the
government from avoiding liability.
c. will be able to use the government-contractor defense, since this is designed to prevent people
from suing the government.
d. will not be able to use the government-contractor defense, since this is designed to prevent the
government from avoiding liability. correct answers b. will be able to use the government-
contractor defense, since this is designed to prevent the government from avoiding liability.

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