Chap. 20

Question 0

Sellers of defective products may be held liable to third party injury under

Answer 0

(1) negligence
(2) breach of warranty
(3) strict liability in tort

Question 1

Product liability

Answer 1

Imposing liability upon manufacturers and suppliers of goods for personal injury and property damage caused by the product they sell

Question 2

Probity of contract

Answer 2

Persons who have entered into a contractual relationship with each other

Question 3

Vertical

Answer 3

Person who buys product can seek recovery from anyone (retailer, wholesaler, manufacturers)

Question 4

Horizontal

Answer 4

Person who didn’t buy the product can seek recovery if injured

Question 5

Res ipsa loquitur

Answer 5

(1) the event is of a kind that ordinarily does not occur in the absence of negligence, and
(2) other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence

Question 6

Contract based defenses

Answer 6

(1) failure to give timely notice of the breach
(2) contractual limitation or disclaimer of warranty protection
(3) lack of probity of contract between the warrantor- seller and the injured plaintiff

Question 7

Notice of breach

Answer 7

Buyer most notify seller of breach within a reasonable time

Question 8

Unreasonably dangerous or defective

Answer 8

Sellers are responsible if their products caused injury

Question 9

Misuse

Answer 9

Use of the product for purposes neither intended nor foreseeable by the defendant

Question 10

Comparative fault

Answer 10

Assignment for damages is directly proportional to the degree of fault of each of the parties