The purpose of contracts is __________.to limit personal freedomto facilitate economic transactions between individualsto eliminate any disagreement in economic exchangesto bring order to medieval societiesCONCEPTGeneral Perspectives on Contracts17Select the statement that is true of consumer law prior to the 20th century.It was rooted in the fact that consumers had much more direct contact with producersthan they do now.
It relied primarily on the threat of litigation to ensure product safety.It essentially functioned in the same way as current products liability law.Its central tenet was "seller beware."CONCEPTProducts Liability18A manufacturer marketed a new mascara that initial testing revealed could cause an allergic reaction in a small number of people. One of the people found to have this allergic reaction in initial testing suffered significant loss of vision in one eye as a result. When the mascara was released on the market, the manufacturer included a warning of the possibility of an allergic reaction, but did not provide the consumer with any way to test for the allergy and made no mention of the possibility of this allergic reaction causing loss of vision. Joan purchased the new mascara from a local drug store and suffered an allergic reaction to the mascara that caused a 90% loss of vision in her right eye. How strong of a case does Joan have against the manufacturer for strict product liability?Weak, because the manufacturer is not engaged in the business of selling and is therefore not subject to Section 402A of the Restatement of Torts (Second). However, Joan could sue the local drug store.Weak, because the manufacturer met its duty to warn by informing consumers that the product could cause an allergic reaction, and therefore users of the mascara assumed the risk.
Strong, because the manufacturer was clearly negligent by releasing a product to market that could cause an allergic reaction in anyone.Strong, because the warning by the manufacturer was inadequate, since the risk of harm was foreseeable and could have been reduced by providing a way of testing for the allergic reaction and informing consumers of the potential of vision loss.CONCEPTStrict Products Liability19Which of the following statements about torts and crimes is true?Torts carry a legal remedy of damages, while crimes do not.Tort law is more concerned than criminal law about the reasons for a defendant’s actions.An act may either be a crime or a tort, but not both.A criminal act is immoral, while a tortious act is not.CONCEPTIntroduction to Tort Law20
A 60-year-old man develops lung cancer, and sues the manufacturer of an asbestos-containing material. The man worked in construction for 45 years, and often used the asbestos-containing material in building projects. He believes that the asbestos-containing material was unreasonablyunsafe, because friends of his in the construction trade who used alternative materials did not develop lung cancer.