Question 1

When an individual product has a defect making it more dangerous than identical products,that individual product is said to have which of the following defects?

Accepted Answer

A)   Design.
B)   Warning.
C)   Primary.
D)   Exclusionary.
E)   Manufacturing.F) A) and C)
G) B) and C)

Question 2

The defense that Belinda waited too long after the product was purchased in which to sue is a defense based upon which of the following?

Accepted Answer

A)   The statute of limitations.
B)   The statute of repose.
C)   The statute of perpetuity.
D)   The statute of time.
E)   The statute of dates.F) C) and D)
G) A) and C)

Question 3

Paul was very excited about his first new vehicle purchase.He borrowed funds from his bank with which to purchase the car.Unfortunately,just a few days after he purchased the vehicle,the pistons in the engine overheated causing the engine to seize rendering the vehicle unusable.No one was injured,but Paul is very upset about his vehicle and plans to sue based on strict liability under the theory set forth by Section 402A of the Restatement (Second) of Torts.Which of the following is the most likely resolution of his claim?

Accepted Answer

A)   He will be allowed to proceed because the vehicle was in a defective condition.
B)   He will be allowed to proceed only if he can establish that he did appropriate research prior to purchasing the vehicle and had no reason to know that it was likely to be defective.
C)   He will be allowed to proceed so long as he is up-to-date on his loan payments.
D)   He will not be allowed to proceed because there is no recovery under a strict liability theory for solely economic damages.
E)   He will not be allowed to proceed because the only avenue for this type of claim is through a negligence action.F) C) and E)
G) None of the above

Question 4

What is the most likely result regarding the company's position that it had no duty to warn of the risk of dizziness because it complied with FDA requirements?

Accepted Answer

A)   That the Federal Food, Drug, and Cosmetic Act (FDC
A)   establishes both a floor and a ceiling for drug regulation and that no additional warning requirements regarding dizziness could be imposed.
B)   That absent clear evidence that the FDA would not have approved a change in the warning to include dizziness, a state law cause of action based on failure to warn would be allowed.
C)   That no warning regarding dizziness could be required in addition to FDA approved warnings because dizziness is not a serious condition causing a "black box" type of warning involving risk of serious injury death.
D)   That a state law cause of action would be allowed to go forward only upon the submission of clear evidence that a regulatory agency of the state had requested that the warning label be revised to warn of dizziness.
E)   That while the plaintiff could go forward with a federal claim in relation to the lack of a warning regarding dizziness, a state law cause of action would be barred because of the company's compliance with FDA regulations.F) D) and E)
G) B) and E)

Question 5

For his birthday,Paul's family purchased for Paul,who tips the scales at over 250 pounds,an exercise bicycle from a popular sports retailer in his community.The first time that Paul hopped on the bike,it collapsed,throwing him to the floor and severely bruising his ankle.Paul wants to sue for his injuries.He has an expert in exercise equipment examine the bicycle.The expert tells him that the bike was properly manufactured.It was not,however,designed for individuals weighing over 250 pounds.There was a warning to that effect in the brochure that came with the bicycle,but Paul's family threw that away along with the packaging; and Paul never saw it.Is there any negligence theory under which Paul can recover? If so,what is it,and what must Paul demonstrate to win?

Accepted Answer

Paul could sue for negligent failure to ...

Question 6

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover?

Accepted Answer

A)   Assumption of the risk.
B)   Pure comparative fault.
C)   Contributory negligence.
D)   Last-clear-chance.
E)   Strict behavior.F) B) and C)
G) C) and D)

Question 7

Upon which type of law is product liability law primarily based?

Accepted Answer

A)   Contract law.
B)   Tort law.
C)   Administrative law.
D)   Legislative law.
E)   Executive law.F) A) and D)
G) A) and C)

Exam 10: Product Liability

When an individual product has a defect making it more dangerous than identical products,that individual product is said to have which of the following defects?

Correct Answer
verified

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover?

Correct Answer
verified

Correct Answer
verified

What is the most likely result regarding the company's position that it had no duty to warn of the risk of dizziness because it complied with FDA requirements?

Correct Answer
verified

Upon which type of law is product liability law primarily based?

Correct Answer
verified

The defense that Belinda waited too long after the product was purchased in which to sue is a defense based upon which of the following?

Correct Answer
verified

Correct Answer
verified
Paul could sue for negligent failure to ...
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Exam 10: Product Liability

When an individual product has a defect making it more dangerous than identical products,that individual product is said to have which of the following defects?

Correct AnswerverifiedShow Answer

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product,creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What is the most likely result regarding the company's position that it had no duty to warn of the risk of dizziness because it complied with FDA requirements?

Correct AnswerverifiedShow Answer

Upon which type of law is product liability law primarily based?

Correct AnswerverifiedShow Answer

The defense that Belinda waited too long after the product was purchased in which to sue is a defense based upon which of the following?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedPaul could sue for negligent failure to ...View AnswerShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Paul could sue for negligent failure to ...
View Answer