Chapter 6 Quiz Questions: (Quiz 2)

​_____ occurs when a product has been placed in packaging that is insufficiently tamperproof.

A defect in packaging

​_____ occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.

A failure to warn

A manufacturer or seller is relieved of product liability if the plaintiff has been injured by​ a(n) _____ of a product.

Abnormal misuse

A defect in manufacture occurs when a manufacturer fails to​ _____.

Assemble the product properly

For the​ _____ defense to apply to a product liability​ action, the defendant must prove that the plaintiff knew and appreciated the​ risk, and that the plaintiff voluntarily assumed the risk.

Assumption of the risk

In the landmark case Greenman v. Yuba Power​ Products, Inc.​, the​ _____ Court adopted the doctrine of​ _____ in tort as a basis for product liability actions.

California​ Supreme; strict liability

Suppose that an automobile manufacturer realizes that one of its models of vehicles has a defect in the braking mechanism. If the automobile manufacturer does not notify the owners of this type of vehicle of the defect and someone is injured because of the​ defect, the manufacturer will be liable for​ _____ damages for the injuries caused to the injured party. The automobile manufacturer will most likely be assessed​ _____ damages for its callous disregard for the safety of the public.

Compensatory; punitive

The​ _____ test requires demonstration that a product is more dangerous than the ordinary consumer would expect.

Consumer expectations

Under the defense of​ _____, a party who is partially at fault for causing her own injuries is barred from recovering damages from the defendant in a product liability action.

Contributory negligence

The​ _____ doctrine says that automobile manufacturers are under a duty to design automobiles so that they take into account the possibility of harm from a​ person's body striking something inside the automobile in the case of a car accident.

Crashworthiness

A​ _____ occurs when a product is designed incorrectly.

Defect in design

A​ _____ occurs when the manufacturer fails to assemble a product​ properly, test a product​ properly, or check the quality of a product adequately.

Defect in manufacture

Suppose a manufacturer of salad dressing fails to put tamperproof seals on its salad dressings. This is an example of a​ _____.

Defect in packaging

All parties in the chain of​ _____ of a defective product are​ _____ liable for the injuries caused by that product.

Distribution; strictly

Comparative negligence is also known as comparative​ _____.

Fault

A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller for the tort of​ _____

Intentional misrepresentation

Which of the following is an INCORRECT statement regarding the product liability theory of​ misrepresentation?

Intentional misrepresentation is also known as strict liability.

A statute of​ _____ requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.

Limitations

To be successful in a product liability action based on​ _____, the plaintiff must prove that the defendant breached a duty of due care to the plaintiff and thereby caused the​ plaintiff's injuries.

Negligence

​_____ is a tort related to defective products in which the defendant has breached a duty of care and caused harm to the plaintiff.

Negligence

In product liability​ cases, a court can award​ _____ damages if it finds that the​ defendant's conduct was committed with intent or with reckless disregard for human life.

Punitive

_____ damages are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.

Punitive

A statute of​ _____ limits the​ seller's liability to a certain number of years from the date when the product was first sold.

Repose

In evaluating the adequacy of a​ product's design, a court may apply a​ _____ analysis. This requires the court to consider the gravity of the danger posed by the​ design, the likelihood that injury will​ occur, the availability and cost of producing a safer​ design, and the social utility of the product.

Risk-utility

Which of the following is a correct statement regarding strict​ liability?

Strict liability is liability without fault.

The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the​ seller's possession and the alteration or modification causes an injury. Such alteration or modification is called a ​ _____ event.

Supervening

In evaluating the adequacy of a​ product's design,​ risk-utility analysis requires a court to consider all of the following factors​ EXCEPT?

The corporate​ producer's mission statement

Because strict product liability is​ a(n) _____​ doctrine, privity of contract between the plaintiff and the defendant​ _____ required.

Tort; is not