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Exam 5: Product Liability

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Question 31

Multiple Choice

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Lipstik,Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling,Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for

A) product misuse.
B) fraud.
C) privity.
D) puffery.

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Question 32

Multiple Choice

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Safe-Rite Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-Rite,alleg-ing a warning defect. In deciding whether to hold Safe-Rite liable,the court may consider

A) consumers' general failure to read the product's warnings.
B) the plaintiff's specific failure to read the product warnings.
C) the obvious risks of other products.
D) the obvious risks of this product.

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Question 33

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The types of product defects that have traditionally been recognized in product liability law include manufacturing defects.

When a user is injured as a result of a seller's misrepresentation,the basis of product liability may be the tort of fraud.

A product liability action based on negligence requires privity of contract between the injured plaintiff and the defendant-manufacturer.

Sea & Sail Corporation makes boats and boating supplies. Theresa files a product liability suit against Sea & Sail,alleging a design defect. In deciding whether to hold the boat maker liable,the court may consider an available alternative design based on the design's

A product contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised.

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage,which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that

Suppliers are generally required to expect reasonably foreseeable misuses of their products.

Meds Company,Oral Med Corporation,and Pharma,Inc.,are drug makers. In a suit against all of these parties in which market-share li-ability is imposed,most likely to be liable are

Fleet Feet Corporation makes athletic shoes. Gloria,a marathoner,files a product liabil-ity suit against Fleet Feet,alleging a design defect. In deciding whether to hold Fleet Feet liable,the court may consider an alternative design's

An action in strict product liability requires that the product be in a defective condition when the defendant sells it.

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

To support the imposition of strict product liability,a product must be substantially changed from the time it is sold to the time an injury occurs.

Under a theory of market-share liability,a manufacturer sells "shares" of its potential strict liability and thereby spreads the risk and the cost.

ClearCall Corporation makes phones,which are sold to consumers by DefDeals stores. Erna files a product liabil-ity suit against ClearCall,alleging a design defect. In deciding whether to hold ClearCall liable,the court may consider

Wideload,Inc.,makes,sells,and leases trucks,trailers,and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload,alleging a design defect. In deciding whether to hold the maker liable,the court may consider

MedBeat Inc.,makes medical devices,including heart pacemakers. Nina,a heart patient,files a product liabil-ity suit against MedBeat,alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable,the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and

Street Bikes,Inc.,makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe,however,and Theo is injured as a result. Street Bikes is most likely liable for

In making and marketing tools and other do-it-yourself home maintenance products,Do-It-Rite Corporation,like other sellers,is required to take precautions against