Question 1

As recognized by the court in Sperry-New Holland v.John Paul Prestage and Pam Prestage,which of the following is true regarding the consumer expectations test for product defect?

Accepted Answer

A)   That if the plaintiff, applying the knowledge of an ordinary consumer, sees the danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger.
B)   That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product, whether foreseeable or not, outweighs the utility of the product.
C)   That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury.
D)   That a plaintiff may only recover if consumer oriented household goods are involved.
E)   That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance, that the manufacturer did have insurance of the type to cover the injury at issue, and that the plaintiff had no part in causing the injury.F) A) and E)
G) None of the above

Question 2

Courts using the market share theory generally require that the plaintiff prove which of the following?

Accepted Answer

Courts using the market share theory gen...

Question 3

Bob is a trained exterminator who received yearly instruction regarding precautions that should be taken in relation to use of pesticides.After being told that he suffered allergies and other ailments based on exposure to the pesticides,Bob sued the manufacturers of the pesticides at issue based on a failure to warn theory.The defendants' best argument based on Bob's prior training is the ______ defense.

Accepted Answer

A)   Trained technician
B)   Sophisticated-user
C)   Knowledgeable user
D)   Unharmed user
E)   Workers' compensationF) B) and E)
G) B) and C)

Question 4

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for negligence?

Accepted Answer

A)   Because neither Alice nor her parents were in privity of contract with the seller, no one other than Rambo's mother may be sued for negligence.
B)   Privity of contract is not necessary in order to sue for negligence so the fact that neither Alice nor her parents were in privity of contract with the seller would not prevent a negligence based action.
C)   Although privity of contract is not an issue, Alice's parents would be unable to prevail in a negligence action because Alice did not sustain permanent physical injury.
D)   Although privity of contract is not an issue, Alice's parents would be unable to prevail in an action against the manufacturer for negligence because they did not read the instruction booklet.
E)   Alice's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.F) A) and E)
G) D) and E)

Question 5

What was the result at the Supreme Court level in Wyeth v.Levine,the case in the text in which the defending drug company took the position that the plaintiff's jury verdict on her state law claim alleging that the defendant improperly labeled a drug was preempted by federal law and should be overturned?

Accepted Answer

A)   That the case should be dismissed because the defendant could not be subjected to both federal and state law.
B)   That the case should be dismissed because it was impossible for the defendant to comply with both state and federal law.
C)   That the case should be dismissed because complying with state law would obstruct the purposes and objectives of federal drug labeling regulation.
D)   That the jury verdict would be upheld because the defendant could have complied with its state and federal law obligations.
E)   That the jury verdict would be upheld because Wyeth failed to submit evidence that the plaintiff was guilty of comparative negligence.F) A) and C)
G) A) and D)

Question 6

In order to proceed in a products liability action,a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Accepted Answer

A) True 
 B)False

Question 7

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

Question 8

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit?

Accepted Answer

A)   Only that the product is defective.
B)   That the defect should have been discovered and fixed prior to sale.
C)   That the defendant was negligent.
D)   That the product is defective and also that the defect existed when the product left the defendant's control.
E)   That the product is defective, that the defect existed when the product left the defendant's control, and also that the defendant was negligent.F) A) and B)
G) B) and E)

Question 9

Which of the following is the type of defect most likely involved when an individual glass bottle of soda shatters in someone's hand causing a cut,although most bottles do not shatter in that manner?

Accepted Answer

A)   Design
B)   Warning
C)   Punitive
D)   Manufacturing
E)   NegligentF) B) and E)
G) A) and C)

Question 10

What four considerations did the U.S.Supreme Court identify in the case of Daubert v.Merrill Dow Pharmaceutical for relevant and reliable expert opinions?

Accepted Answer

The court identified the following facto...

Question 11

A bystander may not invoke the doctrine of strict-liability in a lawsuit.
A. Peterson, Adm'r of the Estate of Maradean Peterson et al. v. Lou Backrodt Chevrolet Co., quoting, Elmore v. American Motors Corp., "If anything, bystanders should be entitled to greater protection than the consumer or user where injury to bystanders from the defect is reasonably foreseeable."

Accepted Answer

A) True 
 B)False

Question 12

Which test for determining design defect is also referred to as the risk-utility test?

Accepted Answer

A)   The consumer expectations test.
B)   The retailer expectations test.
C)   The feasible alternatives test.
D)   The design defects test.
E)   None of these.F) A) and C)
G) B) and D)

Question 13

Define and describe the three commonly used theories of recovery in product liability cases and set forth the two common elements that a plaintiff must generally show in order to prevail under a product liability theory.

Accepted Answer

The three commonly used theories of reco...

Question 14

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

Accepted Answer

A) True 
 B)False

Question 15

In most states,what must a plaintiff prove to succeed in a strict-liability action alleging a defective product?

Accepted Answer

The plaintiff must prove (1)that the pro...

Question 16

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for strict liability as the theory is applied under Section 402A of the Restatement?

Accepted Answer

A)   Because neither Alice nor her parents were in privity of contract with the seller, a lawsuit based on strict liability in tort is barred.
B)   Privity of contract is not necessary in order to sue based on strict liability, so the fact that neither Alice nor her parents were in privity of contract with the seller would not prevent a strict-liability based action.
C)   Although privity of contract is not an issue, Alice's parents would be unable to prevail in a strict-liability action because Alice did not sustain permanent physical injury.
D)   Although privity of contract is not an issue, Alice's parents would be unable to prevail in an action against the manufacturer for strict liability because they did not read the instruction booklet.
E)   Alice's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.F) A) and D)
G) D) and E)

Question 17

Describe the two approaches taken by courts in negligent failure-to-warn cases involving drugs and cosmetics causing adverse reactions in regard to consumers who would not be considered sophisticated users.

Accepted Answer

Many courts find that there is no duty t...

Question 18

Following the case of MacPherson v.Buick Motor Company,any ______ plaintiff can sue a manufacturer for its breach of duty of care.

Accepted Answer

A)   contracting
B)   adult
C)   unforeseeable
D)   foreseeable
E)   believableF) A) and E)
G) A) and D)

Question 19

Which of the following are considered foreseeable plaintiffs in product liability cases?

Accepted Answer

A)   Users and consumers but not bystanders.
B)   Users, consumers and bystanders.
C)   Users but not consumers or bystanders.
D)   The purchaser only.
E)   The purchaser and the purchaser's immediate family only.F) B) and D)
G) D) and E)

Question 20

Section 402A of the Restatement (Second) of Torts applies to which of the following?

Accepted Answer

A)   Negligence.
B)   Breach of warranty.
C)   Strict product liability.
D)   Assumption of the risk.
E)   Preemption.F) B) and D)
G) None of the above

Exam 10: Product Liability

Describe the two approaches taken by courts in negligent failure-to-warn cases involving drugs and cosmetics causing adverse reactions in regard to consumers who would not be considered sophisticated users.

Correct Answer
verified
Many courts find that there is no duty t...
View Answer

Correct Answer
verified

Correct Answer
verified

In most states,what must a plaintiff prove to succeed in a strict-liability action alleging a defective product?

Correct Answer
verified
The plaintiff must prove (1)that the pro...
View Answer

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

Correct Answer
verified

Following the case of MacPherson v.Buick Motor Company,any ______ plaintiff can sue a manufacturer for its breach of duty of care.

Correct Answer
verified

Which test for determining design defect is also referred to as the risk-utility test?

Correct Answer
verified

Courts using the market share theory generally require that the plaintiff prove which of the following?

Correct Answer
verified
Courts using the market share theory gen...
View Answer

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit?

Correct Answer
verified

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

Correct Answer
verified

In order to proceed in a products liability action,a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Correct Answer
verified

Section 402A of the Restatement (Second) of Torts applies to which of the following?

Correct Answer
verified

As recognized by the court in Sperry-New Holland v.John Paul Prestage and Pam Prestage,which of the following is true regarding the consumer expectations test for product defect?

Correct Answer
verified

Correct Answer
verified

What four considerations did the U.S.Supreme Court identify in the case of Daubert v.Merrill Dow Pharmaceutical for relevant and reliable expert opinions?

Correct Answer
verified
The court identified the following facto...
View Answer

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for negligence?

Correct Answer
verified

Which of the following are considered foreseeable plaintiffs in product liability cases?

Correct Answer
verified

Which of the following is the type of defect most likely involved when an individual glass bottle of soda shatters in someone's hand causing a cut,although most bottles do not shatter in that manner?

Correct Answer
verified

Define and describe the three commonly used theories of recovery in product liability cases and set forth the two common elements that a plaintiff must generally show in order to prevail under a product liability theory.

Correct Answer
verified
The three commonly used theories of reco...
View Answer

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for strict liability as the theory is applied under Section 402A of the Restatement?

Correct Answer
verified

Exam 10: Product Liability

Describe the two approaches taken by courts in negligent failure-to-warn cases involving drugs and cosmetics causing adverse reactions in regard to consumers who would not be considered sophisticated users.

Correct AnswerverifiedMany courts find that there is no duty t...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In most states,what must a plaintiff prove to succeed in a strict-liability action alleging a defective product?

Correct AnswerverifiedThe plaintiff must prove (1)that the pro...View AnswerShow Answer

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

Correct AnswerverifiedShow Answer

Following the case of MacPherson v.Buick Motor Company,any ______ plaintiff can sue a manufacturer for its breach of duty of care.

Correct AnswerverifiedShow Answer

Which test for determining design defect is also referred to as the risk-utility test?

Correct AnswerverifiedShow Answer

Courts using the market share theory generally require that the plaintiff prove which of the following?

Correct AnswerverifiedCourts using the market share theory gen...View AnswerShow Answer

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In order to proceed in a products liability action,a plaintiff must establish to a certainty that the product was not damaged after its purchase.

Correct AnswerverifiedShow Answer

Section 402A of the Restatement (Second) of Torts applies to which of the following?

Correct AnswerverifiedShow Answer

As recognized by the court in Sperry-New Holland v.John Paul Prestage and Pam Prestage,which of the following is true regarding the consumer expectations test for product defect?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What four considerations did the U.S.Supreme Court identify in the case of Daubert v.Merrill Dow Pharmaceutical for relevant and reliable expert opinions?

Correct AnswerverifiedThe court identified the following facto...View AnswerShow Answer

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for negligence?

Correct AnswerverifiedShow Answer

Which of the following are considered foreseeable plaintiffs in product liability cases?

Correct AnswerverifiedShow Answer

Which of the following is the type of defect most likely involved when an individual glass bottle of soda shatters in someone's hand causing a cut,although most bottles do not shatter in that manner?

Correct AnswerverifiedShow Answer

Define and describe the three commonly used theories of recovery in product liability cases and set forth the two common elements that a plaintiff must generally show in order to prevail under a product liability theory.

Correct AnswerverifiedThe three commonly used theories of reco...View AnswerShow Answer

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for strict liability as the theory is applied under Section 402A of the Restatement?

Correct AnswerverifiedShow Answer

Correct Answer
verified
Many courts find that there is no duty t...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The plaintiff must prove (1)that the pro...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Courts using the market share theory gen...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The court identified the following facto...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The three commonly used theories of reco...
View Answer

Correct Answer
verified