BLCh6 - Ch6 40 The doctrine that imposes liability on a...

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Ch6 40) The doctrine that imposes liability on a seller of a product only if the seller sold the defective product directly to the injured party is known as: A) privity of contract B) resolution of contractual relationships C) doctrine of direct commercial contacts D) doctrine of merchants' liability limitations 41) Under the judicial philosophies developed in the area of product liability: A) it does not pay to sue because of the high cost of legal expenses B) the doctrine of privity of contract will prevent liability C) the doctrine of privity of contract has been greatly reduced in importance D) most consumers cannot recover because the UCC has been written to protect merchants 42) Someone who is injured by a product that he/she purchased new could recover on the basis of: A) breach of warranty B) breach of warranty or negligence C) breach of warranty or strict liability D) negligence or strict liability E) breach of warranty, negligence, or strict liability 43) Which of the following is true in a products liability case? A) The plaintiff must prove the existence of a duty. B) The plaintiff must have purchased the product from the defendant. C) The plaintiff must prove her case with a preponderance of the evidence. D) The plaintiff will lose if she cannot prove proximate causation. 44) In order to recover in a products liability case based on strict liability, the plaintiff must prove that the product had a defect: A) that was caused by the defendant B) of any type C) that made the product unreasonably dangerous D) that affected the value of the product E) that the defendant knew existed 45) A public policy reason for imposing strict product liability on all in the chain of distribution is which of the following? A) These parties are able to insure against product liability costs. B) These parties should be punished for putting dangerous products on the market. C) Consumers should be able to choose dangerous products if they want to. D) Negligence was making it too easy for plaintiffs to recover. 46) If a manufacturer produces a defective product, sells it to a wholesaler, who sells it to a retailer, who sells it to a consumer, who is injured, which parties in the chain of distribution are potentially liable under strict liability? A) only the manufacturer B) only the manufacturer and wholesaler C) the manufacturer, wholesaler, and retailer D) only the party at fault 100
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47) Who can recover for their injuries under product liability law? A) someone who purchases a product new B) someone who uses a product with the owner's permission C) a nonuser such as a bystander D) A and B only E) A, B, and C 48) What are sellers responsible to provide for regarding the assembly of products they sell? A) rebates
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This note was uploaded on 12/13/2011 for the course LAW LAW taught by Professor Ricks during the Spring '09 term at Rutgers.

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BLCh6 - Ch6 40 The doctrine that imposes liability on a...

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