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29.
(p. 240)
Which of the following arises when a consumer knows that a defect exists but still
proceeds unreasonably to make use of the product, creating a situation where the consumer has
voluntarily assumed the risk of injury from the defect and thus cannot recover?
30.
(p. 240)
Which of the following defenses is an argument that harm was caused not by the
defendant's negligence but by the plaintiff's failure to properly use the product?
31.
(p. 241)
Which of the following is a defense used by a defendant to demonstrate that his alleged
negligent behavior was reasonable, given the available scientific knowledge existing at the time
the product was sold or produced?
32.
(p. 241)
Compliance with federal laws may lead to the defense that use of state tort law is
______________ by a federal statute designed to ensure the safety of a particular class of
products.
33.
(p. 243)
Section 402A of the Restatement (Second) of Torts applies to which of the following?
34.
(p. 244)
Under a strict product liability theory, who may be held liable to an injured party?
35.
(p. 244)
Under a strict product liability theory, who is considered a reasonably foreseeable party
who may recover if injury is sustained?
36.
(p. 244)
Which of the following do courts focus on when a strict product liability action is
involved?
37.
(p. 245-246)
What was the ruling of the court in the case of
Welge
v. Planters Lifesavers Co.
,
the case in which the plaintiff injured his hand when a jar containing peanuts broke?
38.
(p. 246)
Which of the following is true regarding proof of design defect?
39.
(p. 246)
Which of the following is set out in the Restatement (Second) of Torts as a method by
which to prove a design defect?
40.
(p. 247)
Which test for determining design defect is also referred to as the risk-utility test?
41.
(p. 247)
As recognized by the court in
Sperry-New Holland v. John Paul Prestage and Pam
Prestage
, which of the following is true regarding the consumer expectations test for product
defect?
42.
(p. 248)
As recognized by the court in
Sperry-New Holland v. John Paul Prestage and Pam
Prestage
, which of the following is true under the risk-utility analysis of product liability?
43.
(p. 246)
Under the Restatement (Third) of Torts, which of the following results in strict liability?
44.
(p. 249)
Which of the following causes of action stem from contract theory?
45.
(p. 249)
Under which of the following is the breach of warranty theory of liability established?
46.
(p. 253)
Under which of the following theories may a plaintiff be able to proceed even if the
plaintiff cannot trace an injury caused by a product to any particular manufacturer?
47.
(p. 254)
What was the result in the case opener involving the lawsuit against the sperm bank for
providing sperm with a genetic defect?
48.
(p. 243)
What was the result at the Supreme Court level in
Wyeth v. Levine
, the case in the text in
which the defending drug company took the position that the plaintiff's jury verdict on her state
law claim alleging that the defendant improperly labeled a drug was preempted by federal law
and should be overturned?
49.
(p. 252)
Paul was very excited about his first new vehicle purchase. He borrowed funds from his
bank with which to purchase the car. Unfortunately, just a few days after he purchased the
vehicle, the pistons in the engine overheated causing the engine to seize rendering the vehicle
unusable. No one was injured, but Paul is very upset about his vehicle and plans to sue based on
strict liability under the theory set forth by Section 402A of the Restatement (Second) of Torts.
Which of the following is the most likely resolution of his claim?
