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A toy manufacturer sells G.I.Joe figurines containing detachable limbs and weapons that could be swallowed by small children.It can be subject to a strict liability action owing to a defect in design.

A) True
B) False

Correct Answer

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A defendant who has not been negligent but is made to pay a strict liability judgment can bring a separate action against the negligent party in the chain of distribution to recover his losses.

A) True
B) False

Correct Answer

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________ is a doctrine that says automobile manufacturers are under a duty to design automobiles by taking into account the possibility of harm from a person's body striking something inside the automobile in the case of a car crash.


A) Crash avoidance
B) Crashworthiness
C) Risk compensation
D) Conspicuity

E) A) and B)
F) C) and D)

Correct Answer

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Clive buys a rifle from Gun Manufacturing Company and goes hunting.During the hunting expedition,he accidentally shoots himself in the foot.Which of the following would be true of this case?


A) Clive can bring a strict liability lawsuit against the company for its failure to warn him about the possible dangers of firearms.
B) Clive can bring a strict liability lawsuit against the company for failure to provide adequate instructions on the use of the rifle.
C) Clive cannot take any action because the handling of firearms entails generally known dangers.
D) Clive cannot take any action against the company because he had abnormally misused the product.

E) None of the above
F) A) and B)

Correct Answer

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Bertha,a surgeon,performed a kidney transplant on one of her patients.The surgery was not successful and the patient did not survive.Which of the following statements is true in this case?


A) Bertha cannot be held strictly liable as she is providing a service.
B) Bertha can be held strictly liable for the death of her patient.
C) Bertha and the medical staff assisting in the surgery are strictly liable for the death.
D) The donor of the kidney can be held strictly liable for the death of the patient.

E) A) and B)
F) A) and C)

Correct Answer

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Bill buys a truck and replaces the regular tires with large tires to turn the vehicle into a monster truck.When he tries to drive the truck,the oversized tires cause the truck to roll over and crash.Bill then files a strict liability lawsuit against the truck manufacturer to recover for his injuries.Which of the following is the best defense for truck manufacturer in this lawsuit?


A) government contractor defense
B) assumption of the risk
C) generally known danger
D) supervening event

E) None of the above
F) B) and C)

Correct Answer

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Which of the following statements is true about strict liability?


A) It applies only to manufacturers of a defective product.
B) It is liability without fault.
C) It requires privity of contract between the plaintiff and the defendant.
D) It covers casual sales and transactions.

E) All of the above
F) A) and B)

Correct Answer

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Under the doctrine of comparative negligence,if the defendant is 50 percent responsible for injuries worth $10,000 suffered by the plaintiff,then the defendant must pay $5,000 in damages.

A) True
B) False

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To recover for strict liability,the injured party need not show that a product was defective.

A) True
B) False

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The doctrine of strict liability holds the manufacturers of a defective product solely liable for injuries caused by that product.

A) True
B) False

Correct Answer

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Dorothy purchases a chair made by Woode Designs Inc.While making the chair,the legs were not fixed properly to the base.When Dorothy sat on the chair,it broke and she was injured.In a strict liability lawsuit,which of the following can Dorothy cite as a defect in the chair?


A) failure to provide adequate instructions
B) defect in design
C) failure to warn
D) defect in manufacture

E) None of the above
F) A) and B)

Correct Answer

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Plaintiffs can allege multiple product defects in one lawsuit.

A) True
B) False

Correct Answer

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Diane bought an action figure for David,her 3-year-old son,from Terrence's Toy Shop.The packaging did not mention that the toy contained small detachable parts.David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital.On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages?


A) negligence
B) misrepresentation
C) fraud
D) nuisance

E) All of the above
F) None of the above

Correct Answer

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A pharmaceutical company has disclosed a list of side effects of its new prescription drug.A consumer who takes the drug in the right doses suffers from one of these side effects and sues the company for product liability.Which of the following would be the pharmaceutical company's defense in this lawsuit?


A) The consumer was injured due to a supervening event.
B) The consumer had assumed the disclosed risks when purchasing the drug.
C) The side effects suffered by the consumer were generally known dangers of the drug.
D) The consumer abnormally misused the drug.

E) A) and B)
F) A) and C)

Correct Answer

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Failure to properly assemble a product constitutes a defect in design by the manufacturer.

A) True
B) False

Correct Answer

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According to the doctrine of strict liability,which of the following parties is strictly liable for injuries caused by a defective product?


A) only the manufacturers of the products
B) only the parties directly involved in the sale of the product to the customer
C) all parties providing services related to the product
D) all parties in the chain of distribution

E) B) and C)
F) C) and D)

Correct Answer

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If the statute of limitations for strict liability for a particular state is two years and a plaintiff brings a product liability suit to court three years after the injury,the defendant is relieved of liability.

A) True
B) False

Correct Answer

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________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.


A) Misrepresentation
B) Negligence
C) Nuisance
D) Fraud

E) All of the above
F) B) and C)

Correct Answer

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Manufacturers and sellers are strictly liable for failing to warn customers of the generally known dangers of a product.

A) True
B) False

Correct Answer

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Under the doctrine of strict liability,bystanders who are injured by a defective product are entitled to the same protection as the consumers or users.

A) True
B) False

Correct Answer

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