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Exam 6: Product Liability

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Question 41

Multiple Choice

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Sea Wind Corporation makes boats. Theresa files a product liability suit against Sea Wind, alleging a design defect. In deciding whether to hold the maker liable, the court may consider an alternative design's

A) popularity among boat designers.
B) attractiveness to boat buyers.
C) frequency of use among boat makers.
D) effect on Sea Wind's boat.

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

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Question 42

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For cause in fact to become a relevant issue in a product liability suit, a plaintiff must first establish proximate cause.

A) True
B) False

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Question 43

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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.

Chem Company and Dura Plastics Inc. make and distribute a certain toxic chemical that is discovered in the water supply of the county in which their plants are located. In a product liability suit against both makers, market-share liability may be imposed on

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

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

Grass Green Company makes and sells hedge trimmers, which are designed to be safe if used properly. Hazel buys a Grass Green trimmer and lends it to her neighbor Ike. In his garage, Ike is using the trimmer as a prod to dislodge a box from a high shelf when the trimmer suddenly engages. Startled, Ike drops the trimmer, which swings around and cuts his leg. Ike files a product liability suit against Grass Green, on the ground of negligence. On what basis could the manufacturer prevail?

To bring a product liability lawsuit on the ground of misrepresentation, the plaintiff must not have relied on the misrepresentation.

In a product liability case based on negligence, a defendant may be liable even if the plaintiff has not met the requirements for an action in negligence.

Bright n' Clean Company makes shampoo and other hair care products. Cub is injured by the use of a Bright n' Clean product and sues the company for product liability based on negligence. To win, Cub must show that

If a product was delivered in a safe condition and subsequent mishandling made it harmful to the user, the seller is usually strictly liable.

The manufacturer of a product may incur liability when a defect causes injury to a user but not when the defect causes property damage to a bystander.