Ch. 10 MC Examples

T/F under the UCC regarding the requirement of privity in regard to a breach of warranty action: The UCC has alternate provisions regarding the need for privity from which adopting states may choose.

True

T/F the following is a strict product liability: manufacturers should not escape liability simply because they acted negligently as opposed to intentionally.

False

The preemption defense involves certain ___, which set minimum safety standards for products.

Federal laws

If a product valuable to society is unavoidably unsafe, the ___ determines whether the dangerous product is also defective.

Adequacy of the warning label

Under the doctrine of ___, when a person voluntarily and unreasonably assumes the risk of a known danger, the manufacturer is not liable for any resulting injury.

Assumption of risk

Which state court was the first to adopt the doctrine of strict product liability?

California

In regard to successor liability, courts applying the ___ look for constancy between the buyer and seller to determine whether the successor company is essentially a mere continuation or reincarnation of the predecessor entity.

Community-of-enterprise approach

Under the doctrine of ____, the plaintiff's damages in a strict liability action may be reduced by the degree to which his or her own negligence contributed to the injury.

Comparative fault

A ___ defect occurs when, even though the product is manufactured according to specifications, it is unreasonably dangerous to users.

Design

A statute of ___ prevents recovery for product injuries by limiting the time period for recovery from the date when the injury occurred.

Limitations

A product that was sold without a component part properly fastened to the product is an example of a ___ defect.

Manufacturing

To prove ___ in a product liability case, the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product.

Negligence

What allows the filing of a lawsuit previously barred by the running of the statute of limitations?

None because any such law would be unconstitutional.

Which of the following products has traditionally been viewed as "unavoidably unsafe" by the courts: medical services, outdoor consumer goods, some vaccines, automobiles?

Some vaccines

Under the ___ defense, a manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk harm, or danger if the sophisticated user knew or should have known of the risk, harm, or danger.

Sophisticated user

A ___ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work.

Statute of repose

Which of the following members of the chain of distribution cannot be strictly liable in a products lawsuit: manufacturer, wholesaler, retailer, occasional seller?

The occasional seller.

Which of the following is not a theory on which a product liability claim can be based: negligence, breach of warranty, ultrahazardous activity, strict liability?

Ultrahazardous activity

If the societal value of an inherently dangerous product outweighs the risk of harm from its use, it is known as a(n) ___ product.

Unavoidably unsafe

Which of the following provides some protection to defendants in that they establish a rebuttable presumption about how long consumers can continue to safely use a product: discovery-of-injury statutes, statutes of limitation, useful life statutes, statutes of repose?

Useful life statutes

On a failure to warn claim, adequate warnings and instructions for a product's safe use can shield a manufacturer from liability for a...

properly manufactured and designed product.