Chapter 7 Quiz

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Question #1

Overland Corporation makes trucks. The brakes on Pho’s Overland truck malfunction, but he continues to drive it. Unable to slow down, the truck crashes through a guardrail and careens off the road. In Pho’s product liability suit against Overland, the defendant can assert the defense of

A product misuse.

B commonly known danger.

C assumption of risk.

D inadequate warning.

Question #2

In a product liability suit based on a design defect, a manufacturer is liable only when the harm was not reasonably preventable.

A False

B True

Question #3

The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh’s injury

A only if the company was entirely at fault.

B only if the company failed to use reasonable care.

C without regard to the fault of the company.

D only if the company was greater than 50 percent at fault.

Question #4

A product will be considered defective when the omission of reasonable warnings renders the product not reasonably safe.

A False

B True

Question #5

Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety.

A True

B False

Question #6

Opal is working on a construction site when she is injured on the job in the collapse of a Plank Company-made ceiling beam. At the time, Opal is not wearing any safety gear. In Opal’s product liability suit against Plank, the company can most successfully raise the defense of

A preemption.

B inadequate warning.

C product misuse.

D comparative negligence.

Question #7

Ceramic Corporation makes commercial ceramic products, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Duramold Inc., strict product liability may be imposed on Ceramic if the tiles sold to Duramold were

A in perfect condition at the time of their sale.

B damaged by their use.

C in a defective condition that was the proximate cause of the damage.

D substantially changed after their sale.

Question #8

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set’s best defense is most likely

A commonly known danger.

B knowledgeable user.

C assumption of risk.

D none of the choices.

Question #9

Those who do not make goods, but only sell or lease them, cannot be held liable for harm caused by those goods to a consumer.

A True

B False

Question #10

Do-It-Rite Inc. makes and markets tools. Evan uses a Do-It-Rite power screwdriver to scrape grout—a purpose for which it was not intended—and is injured when the tool slips. Evan files a product liability suit against the maker. The defendant’s best defense is most likely

A assumption of risk.

B product misuse.

C commonly known danger.

D inadequate warning.

Question #11

In deciding a claim of design defect, a court can consider the relative advantages and disadvantages of an alternative design for a product.

A True

B False

Question #12

Under the doctrine of strict liability, a defendant’s liability depends on privity of contract.

A False

B True

Question #13

Insulate Inc. makes and sells fire-retardant building materials. In a product liability suit against Insulate, a court would use a risk-utility analysis of the company’s product as designed to determine whether

A the risk of return on investment in the product supports its utility.

B a risk of harm outweighs the products’ utility to the users and the public.

C the product is as useful and as risky as the public expects.

D the product performed as a consumer would reasonably expect.

Question #14

Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

A False

B True

Question #15

Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that

A all of the choices.

B Ty bought the ladder from Steps & Rungs.

C the ladder was in a defective condition when Steps & Rungs sold it.

D Ty is normally engaged in the business use of ladders.

Question #16

Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

A False

B True

Question #17

DIY-Haul, Inc., makes, sells, and leases hauling equipment for consumer use. Ed files a product liability suit against DIY-Haul, alleging a design defect. In deciding whether to hold the maker liable, the court may consider

A the expectations of the ordinary consumer.

B the identity of DIY-Haul’s owner.

C the assumptions of DIY-Haul.

D the intentions of DIY-Haul.

Question #18

A seller who introduces into commerce an unreasonably dangerous product may be subject to a tort action for strict liability.

A False

B True

Question #19

A product made in conformity with a manufacturer’s design specifications is not considered defective regardless of a flaw in the design.

A True

B False

Question #20

Soda Bubbles Corporation makes soft drinks. Toby drinks a Soda beverage, which proves defective and injures him. One justification for holding Soda strictly liable for the harm caused to Toby is that

A Soda is in a better position than Toby to bear the cost of her injury.

B making products is an abnormally dangerous activity.

C Soda and Toby are in privity.

D Toby is a consumer, not a corporation.

Question #21

A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.

A False

B True

Question #22

Touch Screens Inc. makes and markets tablets. When problems develop with Touch products or sales, the company may be liable in product liability for any of the following except

A an inadequate warning.

B a design defect.

C an ineffective marketing plan.

D a manufacturing defect.

Question #23

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.

A False

B True

Question #24

Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol’s product liability suit against the maker, alleging a design defect, the court may consider

A Recharge’s knowledge of the uses of its battery.

B Recharge’s advertising.

C an available alternative design.

D Recharge’s share of its market.

Question #25

A defendant may be able to limit liability for injuries caused by a defective product by showing that a plaintiff’s negligence contributed to the injuries.

A False

B True

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