Chapter 12
The three types of losses that can be caused by defective products are:
Personal injury, property damage, economic loss
Federal preemption of state law must be expressed; it cannot be implied.
false
A cause of action based on breach of warranty contains characteristics of both tort and contract law.
true
According to statutes of repose, plaintiffs must bring a product liability suit within:
A fixed period of time from the date of the original sale
According to Section 402A of the Restatement (Second) of Torts, the plaintiff must prove which of the following elements to establish strict liability?
A product was sold.
Under conflict preemption,
A state law is preempted to the extent that it actually conflicts with federal law.
The key issue in a strict liability is:
Consumer's expectations
The purpose of strict liability is to:
Protect consumers and allocate the risk to manufacturers
Class action suits are filed:
To avoid overwhelming the court system with a myriad of individual suits
Defenses in product liability claims based on negligence theory include:
all answers are correct
Which party can a plaintiff sue in cases of product liabilty?
all answers are correct
Major defects plaintiffs typically allege in product liability cases include:
design defects
Lawsuits against retailers on the basis of negligence are usually successful.
false
Manufacturing defects are restricted to man-made products.
false
Plaintiffs may recover for breach of express warranty only when they are in privity with the seller.
false
Plaintiffs suing under strict liability may recover for personal injuries but not property damages.
false
Regardless of whether the benefits of an unavoidably unsafe product outweigh its risks, courts hold the manufacturer strictly liable for harm to consumers.
false
Before a class action can be brought, a court must provide certification of a class.
true
Design defect claims can be cast in terms of a negligence or strict liability standard.
true
Economic loss includes the loss of profits.
true
Manufacturers are not obliged to provide the most durable design in their products.
true
Most courts do not allow recovery under a strict liability theory for purely economic loss in the absence of personal injury or property damage.
true
The manufacturer of a component part, no less than the manufacturer of the completed product, may be liable for failure to use reasonable care.
true
Under the Uniform Commercial Code, a seller can disclaim both implied and express warranties.
true
When a consumer asks advice from a salesperson at the hardware store regarding what type of lumber he should purchase for a construction project, and the type of lumber he purchases turns out to be unsuitable, the consumer can sue the hardware store on the basis of breach of implied warranty.
true
