Tort Law Chapter 10 Quiz

Name:

True/False
Indicate whether the statement is true or false.

The parties in strict products liability cases include the manufacturer, retailer, wholesaler, purchaser, and ultimate user.

In strict products liability, the product must have a defect of some sort.

Under strict products liability, the manufacturer or seller need not be in the business of selling products such as the defective item causing the injury.

Contributory negligence is generally not a defense in strict products liability cases.

If the ultimate user fails to properly maintain a product, then he or she cannot recover under strict products liability for injuries.

Under strict products liability, there must be privity of contract for the plaintiff to recover.

Under strict products liability, in order for the plaintiff to recover, the product cannot be substantially changed from the time it left the manufacturer or seller and reaches the ultimate user.

Assumption of risk is not a defense to strict products liability.

In strict products liability cases, the ultimate user must be the original purchaser of the defective product.

10.

For the plaintiff to recover under strict products liability, the defective product must be unreasonably dangerous.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

11.

The following are all parties to a products liability lawsuit except

a.	Sellers.
b.	Manufacturers.
c.	Purchasers.
d.	Ultimate users.
e.	All of the above are parties to a products liability lawsuit.

12.

When a plaintiff sues all of the sellers along the product distribution chain, this is sometimes called

a.	“Hitting them where it hurts.”
b.	“Biting off more than you can chew.”
c.	“Going for the deep pocket.”
d.	“Going to the goldmine.”
e.	None of the above.

13.

If it were reasonably foreseeable that the injured person would use the defective product, this individual is called

a.	The ultimate loser.
b.	The ultimate chooser.
c.	The ultimate plaintiff.
d.	The ultimate user.
e.	None of the above.

14.

Which of the following examples best illustrates strict products liability?

a.	Karen bought a tube of toothpaste which contained a metal pin inside. She discovered the pin when she squeezed the toothpaste. She was not hurt by the pin.
b.	Jenny bought a container of yogurt at the grocery. She failed to refrigerate it for 12 hours and then became ill after eating it.
c.	Rebecca bought a motorcycle that had defective spokes in the front wheel. While she was driving down the highway the front tire broke, sending her hurtling over the handle bars.
d.	All of the above.
e.	None of the above.

15.

Which section of the Restatement (Second) of Torts deals with strict products liability?

a.	§ 303.
b.	§ 402A.
c.	§ 591(c).
d.	§ 193.
e.	None of the above.

16.

All of the following can make a product unreasonably defective except

a.	Faulty product design.
b.	Error in product manufacture or assembly.
c.	Improper product maintenance.
d.	Manufacturer or seller’s failure to warn.
e.	All of the above can make a product unreasonably dangerous.

17.

Courts use which of the following tests to determine faulty product design?

a.	Consumer contemplation test.
b.	Danger/utility test.
c.	A state-of-the-art discoverability test.
d.	All of the above.
e.	None of the above.

18.

Some jurisdictions include all of the following elements in strict products liability except

a.	Foreseeable plaintiff’s theory.
b.	Business requirement.
c.	Intent.
d.	Seller or manufacturer’s responsibility for product condition.
e.	Product sale.

19.

Which of the following defenses are applicable to strict products liability cases?

a.	Contributory negligence.
b.	Assumption of risk.
c.	Ultimate user’s misuses of product.
d.	Both A and B.
e.	Both B and C.

20.

In which area of law does products liability have its roots?

a.	Property law.
b.	Contract law warranties.
c.	Probate law.
d.	Equity law.
e.	None of the above.