1. The basis for applying strict liability is an intentional wrongful act.
1. The extreme risk of an activity is a defense against imposing strict
liability.
1. Strict liability is imposed based on fault.
1. A person who keeps a domestic animal may be strictly liable for any
harm that the animal inflicts.
1. The doctrine of strict liability applies only in the area of product liability.
1. A manufacturer’s duty of care does not extend to the inspection and
testing of products bought to incorporate in the final product.
1. Due care must be exercised in designing a product.
1. Misrepresentation on a label is not enough to show an intent to induce
the reliance of anyone who may use the product.
1. To support the imposition of strict product liability, a product must be
mishandled between the time it is sold and the time an injury occurs.
1. A public policy underlying the imposition of strict product liability is that
a manufacturer who makes an unsafe product should be put out of
business.
1. To avoid strict product liability, a manufacturer must make a product
entirely safe for all uses.
1. A manufacturer’s liability to an injured party on a strict product liability
theory can be almost unlimited.
1. To succeed in a product liability suit based on strict liability, a plaintiff
must prove that a product was defective.
1. To succeed in a product liability suit based on strict liability, a plaintiff
does not need to prove why or in what manner a product became
defective.
1. Only the manufacturer of a defective product can be strictly liable for
an injury or damage caused by the product.
1. The types of product defects that have traditionally been recognized in
product liability law include design defects.
1. A seller must warn those who purchase its product of the harm that
can result from the foreseeable misuse of the product.
1. Assumption of risk is a defense that may be raised in a product liability
suit.
1. A seller must warn those who buy a product of harm that could result
from the foreseeable misuse of the product.
1. Statutes of repose places outer times limit on product liability actions.
1. Lyn is injured when she is struck by debris floating on her property
flooded by a breach of Mining Company’s reservoir. The rule that a
person who engages in certain activities may be liable under the
doctrine of strict liability for any harm that results was established in
a. Lyn v. Mining Co.
b. Palsgraf v. Long Island Railroad Co.
c Rylands v. Fletcher.
d. Congress.
1. Resources Recovery, Inc., uses dynamite in its remote mining
operations. Sabrina stores household cleaners in his suburban garage.
Most likely liable under the doctrine of strict liability for any injury
caused by an abnormally dangerous activity is
a. neither Resources Recovery nor Sabrina.
b. Resources Recovery and Sabrina.
c. Resources Recovery only.
d. Sabrina only.
1. Breakfast Foods Corporation markets waffle irons, one of which proves
defective and injures Chelsea. Breakfast Foods’s strict liability to
Chelsea for the harm caused by the defective waffle iron is based in
part on the fact that
a. Breakfast Foods profits from the sale of its waffle irons.
b. Chelsea is a person, not a corporation like Breakfast Foods.
c. marketing is an “abnormally dangerous activity.”
d. the doctrine of strict liability is the norm rather than the
exception.
1. Mariah owns Nitro Demolition Company. During a demolition by
Mariah’s crew, Owen, a passerby, is injured. Under the theory of strict
liability, Mariah must pay for the injury
a. only if the crew intended to injure Owen.
b. only if the crew was at fault.
c under no circumstances.
d. whether or not the crew was at fault.
1. Canyon Construction Company uses blasting in its operations. This is
subject to strict liability because
a. blasting is an abnormally dangerous activity.
b. blasting is a negligent activity.
c. Canyon is a construction company.
d. construction can be done without blasting.
1. Jean is playing a computer game on a bad disk that melts in her drive,
starting a fire that injures her hands. Jean files a suit against K-Tech,
Inc., the game’s manufacturer. K-Tech is held liable under the doctrine
of strict liability. A significant application of this doctrine is in the area
of
a. cyber crime.
b. negligence.
c. product liability.
d. res ipsa loquitur.
1. Sharp Computer Corporation makes hard drives. Tally discovers that
her Sharp drive is defective and sues the maker for product liability
based on misrepresentation. To win, Tally must show that
a. Sharp sold the drive to Tally.
b. Tally knew and appreciated the risk caused by the defect.
c. Tally relied on the misrepresentation.
d. the “defect” was a commonly known danger.
1. Universal Assembly Company makes espresso machines and sells one
to Vim through a misrepresentation on the label on which Vim relies
and that results in an injury to Vim. Universal is most likely liable for
a. a commonly known danger.
b. fraud.
c. privity.
d. puffery.
1. Stable Tool Company makes hedge trimmers. Troy is injured while
using a Stable trimmer and sues the company for product liability
based on negligence. To win, Troy must show that
a. Stable did not use due care with respect to the trimmer.
b. Stable misrepresented a material fact regarding the trimmer.
c. Troy was experienced in the use of trimmers.
d. Troy was in privity of contract with Stable.
1. Oven Products Company makes microwave ovens. Pico discovers that
his Oven Products oven is defective and sues the maker for product
liability based on strict liability. To win, Pico must show that
a. Oven Products sold the oven to Pico.
b. Pico knew and appreciated the risk caused by the defect.
c. Pico suffered an injury caused by the defect.
d. the “defect” was a commonly known danger.
1. Pooltime, Inc., makes aboveground swimming pools, which it sells to
Quality Home Stores. Quality Home sells the pools to consumers, in–
cluding Ron, who lets Sara use his pool. Sara is injured while using
the pool. In a product liability suit based on strict liability, Sara may
recover from
a. neither Pooltime nor Quality Home.
b. Pooltime only.
c. Pooltime or Quality Home.
d. Quality Home only.
1. Cold Stuf, Inc., makes snowboards, which it sells to Deep Freeze
Sports Store (DFS). DFS sells Cold Stuf boards to consumers, including
Ed. Ed is injured while using the board. In a product liability suit based
on strict liability, Ed may recover from
a. Cold Stuf only.
b. Cold Stuf or DFS.
c. DFS only.
d. no one.
1. Infinite Variety Corporation makes products that Jostle Sales Company
sells to consumers online, through catalogs, and in retail outlets.
Holding makers and sellers strictly liable for the cost of injuries to con–
sumers from harmful or defective products is based in part on the
policy that
a. consumers are generally careful with the products that they buy.
b. courts are the best forums to determine product liability.
c. makers and sellers would not otherwise be interested in safety.
d. prices can be increased to cover the cost.
1. Horizon Corporation makes cell phones. Ginvera files a product liability
suit against Horizon, alleging a design defect. Under the Restatement
(Third) of Torts: Products Liability, in deciding whether to
hold Horizon liable, the court may consider the “reasonableness” of
a. the manufacturer’s intentions.
b. the seller’s method of accounting.
c. the manufacturer’s quality control efforts.
d. an available alternative design.
1. Country Style, Inc., makes landscaping tools. Under the Restatement
(Third) of Torts: Products Liability, Country could be liable
for a warning defect if there is a foreseeable risk of harm posed by a
product and
a. the omission of a warning renders the product not reasonably
safe.
b. there is a reasonable alternative design.
c. there is a lack of care in making of the product.
d. there is insufficient insurance coverage.
1. The brakes on a Central & Coastal Railroad train malfunction and it
rolls towards maintenance workers on the tracks. Everyone gets out of
the way except Dick, who wants to show off. The train hits Dick, who
sues EZ Hydraulics, Inc., the brakes’ manufacturer. EZ can raise the
defense of
a. a component-part manufacturer.
b. assumption of risk.
c. consumer expectations.
d. product misuse.
1. Toyoda Company buys gas pedals and other parts from subcontractors
and puts them in its vehicles without changing their composition. If the
pedals or other parts are defective, strictly liable for any damage
caused by the defects are
a. neither Toyoda nor the subcontractors.
b. Toyoda and the subcontractors.
c. the subcontractors only.
d. Toyoda only.
1. Dwayne, an electrician, files a suit against Electro Mechanix, Inc., alleg–
ing that its circuit breakers are unreasonably dangerous due to the pos–
sibility of electrical shock. Dwayne’s suit is most likely to
a. fail, because Dwayne assumes the risk if he uses an Electro
product.
b. fail, because Dwayne is a knowledgeable user.
c. succeed, because the danger is open and obvious.
d. succeed, because Electro’s products are not safe for all uses.
1. Summer Breeze, Inc., contracts for the sale of fifty ceiling fans to
Island Décor store. Tyrone buys one of fans from the store. The
applicable statute of limitations prescribes a period of four years. To
bring a product liability claim against Summer Breeze, Tyrone must file
a suit within four years of
a. Tyrone’s discovery of an injury.
b. the date of the fan’s sale to Island Décor.
c. the year of the fan’s manufacture.
d. the date of the fan’s sale to Tyrone.
1. Navigation, Inc., makes aviation guidance systems. Ollie is injured in a
crash caused by a defective Navigation product. A statute restricts the
time within which Ollie may file a product liability suit against
Navigation regardless of when he was injured. This is a statute of
a. limitations.
b. preemption.
c. repose.
d. suspension.
1. Jean owns five acres of land in an area of single-family homes on
mostly one-acre plots. Jean’s property contains her house and three
outbuildings. Among the animals housed in the outbuildings are Kennel,
a dog, and Louis, a tiger. Mary, a neighbor, is jogging past Jean’s
property. Under what circumstance is Jean strictly liable if Kennel bites
Mary? Under what circumstance is Jean strictly liable if Louis bites
Mary?
1. Bob is shopping in Carl’s Hardware Store when a nail gun held by
Dan, one of Carl’s employees, fires without warning and hits Bob in the
leg. Carl checks the gun and discovers that it was assembled
improperly. Bob files a suit against Eagle Tools, Inc., the manufacturer
of the gun, for product liability, on the ground of strict liability. What are
the elements for an action based on strict liability? In whose favor is
the court likely to rule?
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