| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • Stop wasting time looking for files and revisions. Connect your Gmail, DriveDropbox, and Slack accounts and in less than 2 minutes, Dokkio will automatically organize all your file attachments. Learn more and claim your free account.

View
 

quizf

Page history last edited by PBworks 14 years, 2 months ago

Quiz F Strict and Product Liability Quiz Questions

 

1. ToyCo makes squirt guns. It sells them through various retailers, including Tina's Toys. Alex buys a ToyCo gun at Tina's. He later lends it to his friend, Max. The trigger is sharp on the sides, and Max cuts his finger while playing with the gun. Who may be held responsible for the injury under product liability laws?

 

a. ToyCo

b. Tina's Toys

c. Alex

d. both A and B

 

2. ToyCo makes squirt guns. It sells them through various retailers, including Tina's Toys. Alex buys a ToyCo gun at Tina's. He later lends it to his friend, Max. Max pulls the trigger, and the gun mysteriously explodes, injuring Alex, Max, and Bernie Bystander. Which persons will be able to sue ToyCo under product liability laws?

 

a. Alex

b. Max

c. Bernie

d. all of the above

 

3. AmeriCar makes autos. One of their cars had a defective fuel pump that ignited and injured a consumer. AmeriCar is being sued in a court that recognized Section 402A of the Restatement of Torts. AmeriCar will win only if they can demonstrate that they took ___________ care in manufacturing and selling the car.

 

a. due

b. reasonable

c. all possible

d. none of the above

 

4. Annette and Bill are pharmacists. Both are asked the same question by different customers: "Can medicine X be fatal in large doses?" Both answer: "No." Annette knows the medicine can be fatal; Bill does not have this knowledge. Neither customer takes an overdose of the medicine, but they later find out that they could have been killed if they had done so. Upset, the customers bring lawsuits. Who will be held liable for misrepresentation?

 

a. Annette

b. Bill

c. both A and B

d. neither A nor B

 

5. Annette and Bill are pharmacists. Both are asked the same question by different customers: "Can medicine X be fatal in large doses?" Both answer: "No." Annette knows the medicine can be fatal; Bill does not have this knowledge. Both customers go home, take large doses of medicine X, and explode. Who will be held liable for misrepresentation?

 

a. Annette

b. Bill

c. both A and B

d. neither A nor B

 

6. Alex buys an IBM computer at Radio Shack. Being a computer wiz, he spends weeks modifying it. He disassembles it and adds a disk drive, modem, and joystick port. Some time later, when he turns the computer on, he receives an electrical shock. Who may Alex sue under a product liability theory?

 

a. IBM

b. Radio Shack

c. both A and B

d. none of the above

 

7. Which of the following are cited as reasons for our system of strict liability?

 

a. Consumers are better protected by such laws.

b. Consumers can better bear the cost of litigation.

c. Privity of contract should be a valid defense in product liability cases.

d. all of the above

 

8. Bystanders who are harmed by defective products may sue under product liability theory. What entity has extended this right to bystanders?

 

a. federal law

b. the Restatement of Torts

c. the courts

d. state governors

 

9. Al buys a canister of poison to spread on a fire ant mound in his yard. While spraying the ants, he accidentally sprays some on his foot and suffers a chemical burn. Will Al be able to sue the manufacturer of the poison on the grounds that it is an unreasonably dangerous product?

 

a. yes, no matter what

b. yes, but only if he can prove the product was genuinely hazardous

c. yes, but only if a less dangerous alternative was available to the manufacturer.

d. yes, but only if a less dangerous alternative was available to and economically feasible for the manufacturer

 

10. Which of the following is the least likely to be an "unreasonable dangerous product"?

 

a. a lawnmower

b. a 10" cutting knife

c. an infant swing

d. an automobile

 

11. Lenny, who is 15, buys a can of industrial paint thinner at the hardware store. He goes home and sniffs the fumes of the paint thinner to get high, and suffers severe injuries as a result. Will the manufacturer be liable?

 

a. yes, no matter what

b. yes, but only because Lenny is a minor

c. yes, but only if a minor sniffing the fumes was foreseeable

d. no

 

12. Jake drinks an entire bottle of whiskey and dies. Melissa takes four prescription muscle relaxers and dies. Neither the whiskey nor the pills carried a warning label about overdosing. Who is likely to be held liable for inadequate warning on their potentially dangerous products?

 

a. the whiskey distiller

b. the pill maker

c. both A and B

d. neither A nor B

 

13. The year is 2020. Many men who used popular hair restoration sprays in the 1990s have developed brain cancer as a delayed reaction to the products. Three manufacturers made hair regrowth sprays during the time in question. One of them, SuperGrow, has a 10% market share. Most men cannot remember which particular brand they used. These men who cannot remember have $100,000,000 in damages between them. What amount is SuperGrow likely to be held liable for?

 

a. $0, because the men cannot remember specifically using SuperGrow

b. $10,000,000, because they have a 10% market share

c. $33,333,333, because they are one of three manufacturers

d. $100,000,000, because they may be held liable for all injuries

 

14. Ford buys its airbags from We Are Bags, and then installs them at its Michigan plant into autos. Renee bought a Ford Taurus. The Taurus was in an accident, and the airbag failed to deploy, exacerbating Renee's injuries. Who will Renee have success suing under a product liability theory?

 

a. Ford

b. We Are Bags

c. both A and B

d. neither A nor B

 

15. Which of the following may be sued under product liability?

 

a. Hertz, which rents cars

b. Stan, who lets his friends borrow his car

c. both A and B

d. neither A nor B

 

16. Stan has a can of spray paint that has no warning label in his back seat when he is in an auto accident. He hits his arm on the dashboard and breaks it. The can ignites, but Stan escapes the car without being burned. Will Stan be able to sue the spray paint manufacturer for his injuries?

 

a. yes, because manufacturers are strictly liable for their products

b. yes, because the danger was foreseeable

c. yes, because the can had no warning label

d. no

 

17. In determining legislative intent, which of the following will a court examine?

 

a. the plain meaning of the text of a law itself

b. possible interpretations of language in the law

c. senate reports on the issue

d. all of the above

 

18. Tom seeks $100,000 from Ford. He was in an auto wreck, and has asserted that Ford's negligent design caused his injuries. The jury finds that Ford's design was 25% responsible for Tom's injuries, and that Tom's poor driving was 75% at fault. Ford, of course, raises all possible defenses. How much will Tom recover if Ford successfully raises the defense of comparative negligence?

 

a. $0

b. $25,000

c. $75,000

d. $100,000

 

19. Tom seeks $100,000 from Ford. He was in an auto wreck, and has asserted that Ford's negligent design caused his injuries. The jury finds that Ford's design was 25% responsible for Tom's injuries, and that Tom's poor driving was 75% at fault. Ford, of course, raises all possible defenses. How much will Tom recover if Ford successfully raises the defense of contributory negligence?

 

a. $0

b. $25,000

c. $75,000

d. $100,000

 

20. Tom seeks $100,000 from Ford. He was in an auto wreck, and has asserted that Ford's negligent design caused his injuries. The jury finds that Ford's design was 25% responsible for Tom's injuries, and that Tom's poor driving was 75% at fault. Ford, of course, raises all possible defenses. How much will Tom recover if Ford successfully raises the defense of pure comparative negligence?

 

a. $0

b. $25,000

c. $75,000

d. $100,000

 

21. Ann is an electrical engineer. She is installing PUX circuit breakers in her home, when she receives an electrical shock. PUX did not put a warning label on the circuit breakers. She sues PUX. What defense is PUX most likely to raise successfully?

 

a. assumption of the risk

b. commonly known danger

c. knowledgeable user

d. product misuse

 

22. Congress passed a law in 1965 requiring cigarette manufacturers to carry warning labels. If Montana passes a law requiring cigarette manufacturers to post warning displays wherever their products are sold, which of the laws will be upheld if challenged in court?

 

a. the federal law

b. the state law

c. both A and B

d. none of the above

 

23. A crane is demolishing a building. Every road near the demolition is well blocked off with orange signs and tape that read, "Danger-Construction!" Alex is late for work. He sees the signs, but decides to take a shortcut across the work site anyway. The crane drops a 2 ton lead ball on Alex, squashing him. Is the crane manufacturer liable in this situation?

 

a. yes, because manufacturers are strictly liable for their products

b. yes, because the danger was foreseeable

c. yes, because the danger was extreme

d. no

 

24. Congress passed a law in 1965 requiring cigarette manufacturers to carry warning labels. If Montana passes a law taxing cigarettes $2 a pack, which of the laws will be upheld if challenged in court?

 

a. the federal law

b. the state law

c. both A and B

d. none of the above

 

25. A tent is manufactured in 1980. It is purchased in 1985. In 1990, it is used on a camping trip by Joan. It collapses on her, causing injuries. In 1995, she finally gets around to bringing a lawsuit. Which of the following defenses will be available to the tent manufacturer, if the statute of limitations for such injuries is seven years?

 

a. statute of limitations

b. statute of repose

c. both A and B

d. none of the above

Comments (0)

You don't have permission to comment on this page.