55. The is primarily concerned with harms suffered by buyers and other persons who use defective products.
a. law of stock protection
b. law of malpractice liability
c. law of seller liability
d. law of commercial liability
e. none of the other choices are completely correct
56. In product liability law, privity refers to:
a. the relationship that exists between the plaintiff and the defendant
b. the relationship that exists between the plaintiff and his attorney
c. the relationship that exists between contracting parties
d. the relationship that exists between the judge and jury
e. the relationship that exists between construction crews and their contractors
57. Privity is:
a. a legal relationship
b. a written relationship
c. an unwritten contract
d. an understanding between partners
e. none of the other choices are correct
58. Privity is:
a. an agreement to privacy
b. an understanding between friends
c. a “gentlemen’s agreement”
d. an agreement to agree in the future
e. none of the other choices are accurate
59. For a contractual relationship, it is essential that:
a. privity exists between the parties
b. the parties are well acquainted
c. the parties both have attorneys
d. the parties are both from the same state
e. the parties have both suffered some kind of injury
60. Unless a consumer buys a product directly from the producer:
a. there is no privity between consumer and producer
b. there is privity between consumer and producer
c. there cannot be a case of battery
d. there cannot be a damage award greater than $100,000
e. none of the other choices are correct
61. The term privity of contract refers to:
a. the relationship that exists between the parties to a contract
b. damage awards provided by juries in products liability cases
c. the requirement that products liability law have its origin in the common law of contracts
d. the risk that a product is of adequate legal quality
e. the requirement that products liability litigation must be brought by private citizens
62. The term privity of contract refers to:
a. damage awards provided by juries in products liability cases
b. the requirement that products liability law have its origin in the common law of contracts
c. the risk that a product is of adequate legal quality
d. the requirement that products liability litigation must be brought by private citizens
e. none of the other choices
63. During the 19th century, parties injured by a defective product, who did not have a contractual relationship with the
seller, were under the rule of:
a. res ipsa loquitur
b. stare decisis
c. caveat emptor
d. proximate cause
e. none of the other choices
64. During the 19th century, parties injured by a defective product, who did not have a contractual relationship with the
seller, were under the rule of:
a. res ipsa loquitur
b. stare decisis
c. strict liability
d. proximate cause
e. none of the other choices
65. Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was:
a. not liable unless there was a contractual relationship between producer and injured party
b. liable in tort law to any injured consumer if negligence by the producer could be shown
c. liable in tort law to consumers who bought the good under the rule of strict liability
d. liable in contract to all consumers who used the product under the rule of res ipsa loquitur
e. not liable in tort or in contract law
66. Under the rule of caveat emptor, the producer of a defective product that caused injury to a consumer was:
a. not liable in either tort law or contract law
b. liable in tort law to any injured consumer if negligence by the producer could be shown
c. liable in tort law to consumers who bought the good under the rule of strict liability
d. liable in contract to all consumers who used the product under the rule of res ipsa loquitur
e. none of the other choices
67. Under the rule of , the producer of a defective product that caused injury to a consumer was not liable unless
there was a contractual relationship between producer and injured party.
a. res ipsa loquitur
b. stare decisis
c. caveat emptor
d. proximate cause
e. none of the other choices
68. Under the rule of , the producer of a defective product that caused injury to a consumer was not liable unless
there was a contractual relationship between producer and injured party.
a. res ipsa loquitur
b. stare decisis
c. manufacturer liability
d. proximate cause
e. none of the other choices
69. In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring
MacPherson, the court of appeals held MacPherson could sue:
a. Buick for negligence under contract law
b. Buick for negligence under tort law
c. Buick for strict liability under contract law
d. Buick for strict liability under tort law
e. the wheel maker, not Buick, for negligence in product construction
70. In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring
MacPherson, the court of appeals held MacPherson could sue:
a. Buick for negligence under contract law
b. Buick for deceptive sales practices
c. Buick for strict liability under contract law
d. Buick for strict liability under tort law
e. none of the other choices
71. In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring
MacPherson, the court of appeals held that:
a. Buick was not responsible to the consumer because it did not make the defective wheel
b. the wheel manufacturer was liable for negligence for making a defective wheel
c. Buick was liable to the consumer for the finished product
d. Buick was not liable; the dealer was liable as the seller of the finished product
e. none of the other choices
72. In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring
MacPherson, the court of appeals held that:
a. Buick was not responsible to the consumer because it did not make the defective wheel
b. the wheel manufacturer was liable for negligence for making a defective wheel
c. Buick was not liable because it did not have privity with MacPherson, the buyer
d. Buick was not liable; the dealer was liable as the seller of the finished product
e. none of the other choices
73. In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring
MacPherson, the court of appeals held MacPherson could sue Buick because:
a. Buick was a manufacturer of automobiles and responsible for the finished product
b. Buick was a wealthy enough company to afford paying damages
c. Buick was liable because it advertised that the wheels were safe on every vehicle
d. MacPherson‘s injuries were life-threatening
e. none of the other choices are correct
74. In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring
MacPherson, the court of appeals held MacPherson could sue Buick because:
a. Buick was only a dealer of automobiles, but still was responsible for the finished product
b. Buick was a wealthy enough company to afford paying damages
c. Buick was liable because it advertised that the wheels were safe on every vehicle
d. MacPherson‘s injuries were life-threatening
e. none of the other choices are correct
75. In MacPherson v. Buick Motor the court held for MacPherson for injuries caused by defective wheels on his
Buick. This case allowed for negligence for product liability:
a. with privity
b. with exception
c. with implied warranty
d. without privity
e. without exception
76. In MacPherson v. Buick Motor the court held for MacPherson for injuries caused by defective wheels on his
Buick. This case allowed for negligence for product liability:
a. only when privity existed
b. with exception for contract warranty
c. with implied warranty
d. without exception
e. except for commercial sales
77. The rule that “The manufacturer of a product is liable in the production and sale of a product for negligence, if the
product may reasonably be expected to inflict harm on the user if the product is defective” originated from:
a. MacPherson v. Buick Motor
b. Paterson v. Buick Motor
c. Morriss v. Chevrolet
d. MDM Group Associates v. CX Reinsurance Company
e. none of the other choices are correct
78. The rule that “The manufacturer of a product is liable in the production and sale of a product for negligence, if the
product may reasonably be expected to inflict harm on the user if the product is defective” originated from:
a. Lightle v. Real Estate Commission
b. Paterson v. Buick Motor
c. Morriss v. Chevrolet
d. MDM Group Associates v. CX Reinsurance Company
e. none of the other choices are correct
79. The legal standard articulated in MacPherson v. Buick Motor, regarding negligence in of producers of products
dominated product liability law until:
a. 1890
b. 1914, when World War I broke out
c. 1929, when the Great Depression began
d. 1945, when the Restatement of Torts was adopted
e. the 1960s, when strict liability was added
80. The legal standard articulated in MacPherson v. Buick Motor, regarding negligence in of producers of products
dominated product liability law until:
a. 1901, when soldiers were poisoned in the Spanish-American War
b. 1914, when World War I broke out
c. 1929, when the Great Depression began
d. 1945, when the Restatement of Torts was adopted
e. none of the other choices
81. The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is:
a. negligence in tort
b. caveat emptor
c. proximate cause
d. strict liability
e. none of the other choices
82. The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is:
a. express warranty
b. caveat emptor
c. proximate cause
d. fraud-based liability
e. none of the other choices
83. When two professors conducted a study of the American and the Japanese tort systems, they found that the:
a. two systems bear no comparison
b. two systems have major differences
c. two systems are not all that different in results
d. Japanese tort system is far superior in protecting consumers
e. American tort system if far superior in protecting consumers
84. Although Japan is often cited as an example of a place with less litigation and fewer lawyers:
a. Japan has more crime than the United States
b. Japan actually has more lawyers, but they do not report them to international studies
c. Japanese plaintiffs win a higher percentage of tort suits than do American plaintiffs
d. Japan has a completely different system that cannot be compared to the American system
e. none of the other choices are correct
85. Although Japan has few lawyers per person than the United States:
a. Japan has more legal specialists who do much of the legal work that U.S. lawyers do
b. Japan has more doctors per person
c. Japan has more judges per person
d. Japan does not report accurate employment statistics, so it is unknown how many Japanese lawyers there
really are
e. lawyers do not represent people in court in Japan
86. If Andy discovers a defect in the product his company manufactures after the product has already been sold and
does not disclose it and Kathleen is injured while using the product she can sue him for:
a. negligence
b. battery
c. misrepresentation
d. failure of revelation
e. none of the other choices are correct
87. Liability based on negligence:
a. means the manufacturer must exercise reasonable care in the production of product
b. includes reasonable care in presenting the product to the public to avoid misrepresentation
c. means a causal connection between the defendant’s lack of care and the plaintiff’s harms
d. losses are suffered
e. all of the other choices
88. Liability based on negligence may be imposed on a manufacturer if:
a. a partial connection can be established between the failure of the manufacturer to exercise reasonable care
and an injury suffered by a consumer
b. a causal connection can be established between the failure of the manufacturer to exercise reasonable care
and an injury suffered by a consumer
c. a probable connection can be established between the failure of the manufacturer to exercise reasonable
care and an injury suffered by a consumer
d. none of the other choices are correct
89. Liability based on may be imposed on a manufacturer if a causal connection can be established between the
failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer.
a. stare decisis
b. intentional tort
c. negligence
d. neglect
e. failure to inform
90. Strict liability under contract law for injuries caused by defective products is based on:
a. the existence of a prospectus
b. the existence of a warranty
c. the existence of negligence
d. the existence of an assault
e. the existence of an arbitration clause
91. During the 20th century, when consumers were injured as a result of using defective products, courts adopted a
new legal standard that could apply to such cases, so that negligence was no longer the only standard:
a. a strict liability standard
b. a comparative negligence standard
c. a caveat emptor standard
d. an assumption of risk standard
e. a business exemption standard
92. During the 20th century, when consumers were injured as a result of using defective products, courts adopted a
new legal standard that could apply to such cases, so that negligence was no longer the only standard:
a. a comparative negligence standard
b. a caveat emptor standard
c. an assumption of risk standard
d. a business exemption standard
e. none of the other choices
93. The rule requiring producers to pay compensation to consumers injured by defective products, even though
reasonable care has been exercised, is called:
a. caveat emptor
b. strict liability
c. liability for negligent actions
d. res ipsa loquitur
e. none of the other choices
94. The rule requiring producers to pay compensation to consumers injured by defective products, even though
reasonable care has been exercised, is called:
a. caveat emptor
b. hazardous liability
c. liability for misrepresentation
d. res ipsa loquitur
e. none of the other choices
95. The doctrine holds manufacturers liable to consumers injured by defective products regardless of whether the
manufacturer exercised all reasonable care or not.
a. hazardous liability
b. final liability
c. strict liability
d. less liability
e. res ipsa loquitur
96. The doctrine holds manufacturers liable to consumers injured by defective products regardless of whether the
manufacturer exercised all reasonable care or not.
a. hazardous liability
b. final liability
c. res ipsa loquitur
d. less liability
e. none of the other choices are correct
97. Under the strict liability doctrine, the focus is on the
manufacturer.
a. problems with the product
b. problems with advertising
c. problems with the assembly line workers
d. problems with the manufacturing process
e. none of the other choices are correct
, rather than the reasonableness of the conduct of the
98. Under the strict liability doctrine, the focus is on the
manufacturer.
, rather than the reasonableness of the conduct of the
a. problem the plaintiff had understanding the manufacturer’s instructions
b. problems with advertising
c. problem created by careless production workers
d. problems with the manufacturing process
e. none of the other choices are correct
99. Under the strict liability doctrine, the focus is on the problems with the product, rather than:
a. problems with the court process
b. integrity of the manufacturer
c. the reasonableness of the conduct of the manufacturer
d. the appropriateness of the conduct of the manufacturer
e. none of the other choices are correct
100. Under the strict liability doctrine, the focus is on the problems with the product, rather than:
a. problems with the court process
b. integrity of the manufacturer
c. the rationality of the conduct of the manufacturer
d. the appropriateness of the conduct of the manufacturer
e. none of the other choices are correct
101. There is currently a system made up of a mix of and tort law applying to products.
a. contract law
b. felony law
c. business negotiations
d. civil law
e. none of the other choices are correct
102. There is currently a system made up of a mix of and tort law applying to products.
a. conciliatory law
b. felony law
c. business negotiations
d. civilian law
e. none of the other choices are correct
103. There is currently a system made up of a mix of and contract law applying to products.
a. tort law
b. felony law
c. business negotiations
d. civilian law
e. none of the other choices are correct
104. There is currently a system made up of a mix of and contract law applying to products.
a. conciliatory law
b. felony law
c. business negotiations
d. civilian law
e. none of the other choices are correct
105. A warranty is:
a. a legal document absolving a manufacturer of liability
b. a consumer’s agreement not to misuse a product
c. a manufacturer’s assurance that a product will meet certain quality and performance standards
d. a manufacturer’s assurance that a product will be below a certain cost except for special orders
e. none of the other choices are correct
106. A warranty is:
a. a legal document absolving a manufacturer of liability
b. a consumer’s agreement not to misuse a product
c. a legal document limiting how much a manufacturer can be sued for if a product fails
d. a manufacturer’s assurance that a product will be below a certain cost
e. none of the other choices are correct
107. A is a manufacturer’s assurance that a product will meet certain quality and performance standards.
a. certificate of quality
b. certificate of use
c. warranty
d. pledge
e. none of the other choices are correct
108. A is, legally, a manufacturer’s assurance that a product will meet certain quality and performance standards.
a. certificate of quality
b. certificate of use
c. notarized promise
d. pledge
e. none of the other choices are correct
109. An express warranty is:
a. illegal in many states
b. one the manufacturer contractually provides to the consumer
c. one the law inserts into the relationship regardless of the actual contract terms
d. one the consumer insists on
e. none of the other choices are correct
110. An express warranty is:
a. illegal in many states
b. one the consumer contractually provides to the manufacturer
c. one the law inserts into the relationship regardless of the actual contract terms
d. one demanded in all consumer transactions
e. none of the other choices are correct
111. An implied warranty is:
a. illegal in many states
b. one the manufacturer contractually provides to the consumer
c. one the law inserts into the relationship regardless of the actual contract terms
d. one the consumer insists on
e. none of the other choices are correct