cheeseman_buslaw7_tif_06

cheeseman_buslaw7_tif_06 - 6 STRICTLIABILITYANDPRODUCT...

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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
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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
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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. Answer:
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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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cheeseman_buslaw7_tif_06 - 6 STRICTLIABILITYANDPRODUCT...

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