{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

cheeseman_buslaw7_tif_06

cheeseman_buslaw7_tif_06 - 6 LIABILITY 1 The failure of the...

Info icon This preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
1) The failure of the manufacturer of a product to warn users of the dangerous propensities of a product can be negligence. Answer: TRUE Diff: 1 Topic: Tort Liability Based on Fault 2) In a negligence action, all parties in the product's chain of distribution are liable for the injury, even if only one party was negligent. Answer: FALSE Diff: 2 Topic: Tort Liability Based on Fault 3) Negligence is a possible theory under which to recover for injuries caused by products. Answer: TRUE Diff: 1 Topic: Tort Liability Based on Fault 4) To be successful in a negligence cause of action, the plaintiff must prove that the defendant breached a duty of care that caused the plaintiff's injuries. Answer: TRUE Diff: 1 Topic: Tort Liability Based on Fault 5) A seller who conceals a defect in a product, but who does not affirmatively misrepresent the quality of the product, cannot be sued for intentional misrepresentation. Answer: FALSE Diff: 2 Topic: Tort Liability Based on Fault 6) Greenman v. Yuba Power Products, Inc. is a landmark case that adopted the doctrine of strict liability in tort as a basis for product liability actions. Answer: TRUE Diff: 2 Topic: Tort Liability Based on Fault 100 STRICT LIABILITY AND PRODUCT  LIABILITY 6
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
7) The defendant generally bears the burden of proving his or her negligence. Answer: FALSE Diff: 1 Topic: Tort Liability Based on Fault 8) Fraud is often used as the basis for product liability actions. Answer: FALSE Diff: 2 Topic: Tort Liability Based on Fault 9) Strict liability does not require the injured person to prove that the defendant breached a duty of care. Answer: TRUE Diff: 1 Topic: The Doctrine of Strict Liability 10) All parties in the chain of distribution of a defective product are not strictly liable for injuries caused by the product. Answer: FALSE Diff: 2 Topic: The Doctrine of Strict Liability 11) Because strict liability is a tort doctrine, privity does not apply, so that even bystanders can recover under strict liability. Answer: TRUE Diff: 1 Topic: The Doctrine of Strict Liability 12) The most widely recognized articulation of the doctrine of strict liability is found in Section 402A of the Restatement (Second of Torts). Answer: TRUE Diff: 1 Topic: The Doctrine of Strict Liability 13) The doctrine of strict liability applies to sellers and lessors of products. Answer: TRUE Diff: 1 Topic: The Doctrine of Strict Liability 101
Image of page 2
14) Strict liability applies only to products, not services. Answer: TRUE Diff: 1 Topic: The Doctrine of Strict Liability 15) Strict liability would not apply to the sale of blood required for a blood transfusion. Answer: TRUE Diff: 1 Topic: The Doctrine of Strict Liability 16) A homeowner not in the business of selling products could be sued for the sale of a defective product at a garage sale.
Image of page 3

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern