Question 1

Which of the following defenses is an argument that harm was caused not by the defendant's negligence but by the plaintiff's failure to properly use the product?

Accepted Answer

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

Question 2

Which of the following is true regarding damages that may be recovered in negligence-based product liability cases if proven?

Accepted Answer

A)   Compensatory damages may be recovered, but punitive damages may not be recovered.
B)   Punitive damages may be recovered, but compensatory damages may not be recovered.
C)   Compensatory damages and punitive damages may be recovered.
D)   Compensatory damages, punitive damages, and administrative damages may be recovered.
E)   Compensatory damages, punitive damages, administrative damages, and manufacturing damages may be recovered.F) C) and D)
G) B) and E)

Question 3

Which of the following is true regarding punitive damages in product liability cases?

Accepted Answer

A)   They are not available in product liability actions.
B)   The amount of the punitive-damage award is determined by the wealth of the defendant only.
C)   The amount of the punitive-damage award is determined by the maliciousness of the action only.
D)   The amount of the punitive-damage award is determined by the wealth of the defendant and also by the maliciousness of the action.
E)   Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole.F) D) and E)
G) A) and C)

Question 4

Which of the following is true regarding proof of design defect?

Accepted Answer

A)   States are not in agreement as to how to establish a design defect.
B)   State law across the country is generally uniform regarding how to establish a design defect.
C)   State law is irrelevant because federal law dictates how to establish a design defect.
D)   Each local county in each state determines how a design defect will be established.
E)   Because of the amount of international trade, there are international treaties establishing for each U.S. state how design defects will be established.F) A) and E)
G) All of the above

Question 5

Which of the following are commonly used theories of recovery in product liability cases?

Accepted Answer

A)   Negligence, negligence per se, and breach of warranty.
B)   Strict product liability, negligence per se, and breach of warranty.
C)   Breach of warranty, negligence, and negligence per se.
D)   Negligence, strict product liability, and breach of warranty.
E)   Civil, criminal, and administrative.F) A) and B)
G) A) and C)

Question 6

The statute of limitations is the same thing as the statute of repose.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable,given the available scientific knowledge existing at the time the product was sold or produced?

Accepted Answer

A)   Assumption of the risk.
B)   Scientific knowledge doctrine.
C)   State-of-the-art defense.
D)   Reasonable behavior defense.
E)   Reasonable manufacturer defense.F) B) and E)
G) C) and D)

Question 8

Japanese law fails to recognize fault of the part of the consumer in product liability cases,and manufacturers must bear the full burden when a product is found to be defective.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is true regarding the representation of the sales representative that the boats at the dealership were the best in the state?

Accepted Answer

A)   The statement constituted an express warranty but not any other type of warranty.
B)   The statement constituted a warranty of merchantability but not any other type of warranty.
C)   The statement constituted an implied warranty of fitness for a particular purpose but not any other type of warranty.
D)   The statement was opinion and did not establish any type of warranty.
E)   The statement established both a warranty of merchantability and a warranty of fitness for a particular purpose, but not any other type of warranty.F) All of the above
G) B) and D)

Question 10

Which of the following is true regarding defenses to negligence-based product liability actions?

Accepted Answer

A)   A defendant may only rely upon contributory negligence.
B)   A defendant may only rely upon comparative negligence.
C)   A defendant may only rely upon modified comparative negligence.
D)   A defendant may rely upon the defense of contributory, comparative, or modified comparative negligence, depending upon which defense is accepted by the state where the case arose.
E)   A defendant may not rely upon contributory, comparative, or modified comparative negligence because no defenses are available in such a lawsuit. The only issue will be the amount of damage.F) A) and E)
G) B) and E)

Question 11

Which of the following causes of action stem from contract theory?

Accepted Answer

A)   Breach of warranty.
B)   Negligence.
C)   Strict liability in tort.
D)   Failure to warn.
E)   Failure to warn and breach of warranty.F) C) and E)
G) B) and C)

Question 12

Under which of the following theories may a plaintiff be able to proceed even if the plaintiff cannot trace an injury caused by a product to any particular manufacturer?

Accepted Answer

A)   The shared liability theory.
B)   The market share theory.
C)   The trade theory.
D)   The shared market liability theory.
E)   The shared production theory.F) A) and E)
G) B) and E) B

Question 13

Under the market share theory,a plaintiff may be able to recover in a products liability action even if the plaintiff cannot trace the harmful product to a particular manufacturer.

Accepted Answer

A) True 
 B)False  True

Question 14

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

Question 15

Which of the following is true regarding warnings and the usage of products by children?

Accepted Answer

A)   There is no duty to warn when children are involved because it is assumed that parents are responsible.
B)   There is a duty to warn when children are involved, but it is no different from the duty to warn when only adults are expected to use a product.
C)   Picture warnings could be required if children are likely come into contact with the product and risk harm from its use.
D)   Warnings are only required for children whose parents actually purchased the product.
E)   Warnings are only required for minors above the age of twelve because it is assumed that children under that age will not be able to comprehend warnings.F) A) and B)
G) A) and C)

Question 16

A product may be found defective if a manufacturer fails to provide adequate warnings about potential dangers associated with the product.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is true regarding the application of negligence per se in product liability cases based on negligence?

Accepted Answer

A)   The doctrine of negligence per se is also applicable to product liability cases based on negligence.
B)   The doctrine of negligence per se is applicable to product liability cases only if they are based on failure to warn.
C)   The doctrine of negligence per se is applicable to product liability cases only if the cases are based on design defect.
D)   The doctrine of negligence per se is applicable to product liability cases only if the cases are based on manufacturing defect.
E)   The doctrine of negligence per se is never available in product liability cases.F) A) and C)
G) All of the above

Question 18

Under a strict product liability theory,who is considered a reasonably foreseeable party who may recover if injury is sustained?

Accepted Answer

A)   The buyer only.
B)   Only the buyer and the buyer's family.
C)   Only the buyer, the buyer's family, and the buyer's guests.
D)   Only the buyer and any one present in the buyer's home when injury is sustained.
E)   The buyer, the buyer's family, the buyer's guests, and foreseeable bystanders.F) C) and E)
G) C) and D)

Question 19

Compliance with federal laws may lead to the defense that use of state tort law is ______________ by a federal statute designed to ensure the safety of a particular class of products.

Accepted Answer

A)   Preempted
B)   Complimented
C)   Refuted
D)   Extinguished
E)   UpheldF) B) and E)
G) A) and C)

Question 20

Which of the following do courts focus on when a strict product liability action is involved?

Accepted Answer

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

Exam 10: Product Liability

Which of the following defenses is an argument that harm was caused not by the defendant's negligence but by the plaintiff's failure to properly use the product?

Correct AnswerverifiedShow Answer

Which of the following is true regarding damages that may be recovered in negligence-based product liability cases if proven?

Correct AnswerverifiedShow Answer

Which of the following is true regarding punitive damages in product liability cases?

Correct AnswerverifiedShow Answer

Which of the following is true regarding proof of design defect?

Correct AnswerverifiedShow Answer

Which of the following are commonly used theories of recovery in product liability cases?

Correct AnswerverifiedShow Answer

The statute of limitations is the same thing as the statute of repose.

Correct AnswerverifiedShow Answer

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable,given the available scientific knowledge existing at the time the product was sold or produced?

Correct AnswerverifiedShow Answer

Japanese law fails to recognize fault of the part of the consumer in product liability cases,and manufacturers must bear the full burden when a product is found to be defective.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the representation of the sales representative that the boats at the dealership were the best in the state?

Correct AnswerverifiedShow Answer

Which of the following is true regarding defenses to negligence-based product liability actions?

Correct AnswerverifiedShow Answer

Which of the following causes of action stem from contract theory?

Correct AnswerverifiedShow Answer

Under which of the following theories may a plaintiff be able to proceed even if the plaintiff cannot trace an injury caused by a product to any particular manufacturer?

Correct AnswerverifiedB

Under the market share theory,a plaintiff may be able to recover in a products liability action even if the plaintiff cannot trace the harmful product to a particular manufacturer.

Correct AnswerverifiedTrue

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

Correct AnswerverifiedA

Which of the following is true regarding warnings and the usage of products by children?

Correct AnswerverifiedShow Answer

A product may be found defective if a manufacturer fails to provide adequate warnings about potential dangers associated with the product.

Correct AnswerverifiedShow Answer

Which of the following is true regarding the application of negligence per se in product liability cases based on negligence?

Correct AnswerverifiedShow Answer

Under a strict product liability theory,who is considered a reasonably foreseeable party who may recover if injury is sustained?

Correct AnswerverifiedShow Answer

Compliance with federal laws may lead to the defense that use of state tort law is ______________ by a federal statute designed to ensure the safety of a particular class of products.

Correct AnswerverifiedShow Answer

Which of the following do courts focus on when a strict product liability action is involved?

Correct AnswerverifiedShow Answer

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