Chapter 7 quiz Flashcards
Agro, Inc., sells seed to farmers. Bram buys and plants Agro seed on his farm, but no crop grows because the seed is defective. Bram sues Agro for product liability based on negligence. To win, Bram must show that
a. Bram suffered damage caused by the defect.
b. Agro sold the seed to Bram.
c. Bram knew and appreciated the risk caused by the defect.
d. the “defect” was a commonly known danger.
a
Arrow Corporation makes archery supplies. While using an Arrow bow, Balto is injured due to a defect in the bow that causes an arrow to misfire. Chu, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow may be liable to
a. no one.
b. Chu only.
c. Balto only.
d. Balto and Chu.
d
Cookin’ Products Company makes heat convection ovens. DeAnn discovers that her Cookin’ oven is defective and sues the maker for product liability based on strict liability. To win, DeAnn must show that she
a. bought the oven from Cookin’.
b. did not know of the defect.
c. did not misuse the oven.
d. suffered an injury caused by the defect.
d
Digg Deep Inc. makes and leases a backhoe to Estes. Due to a defect attributable to Digg Deep’s negligence, Estes is injured in an accident in which his neighbor Fortis is also hurt. In a product liability suit based on negligence, Digg Deep may be liable to
a. Estes only.
b. Fortis only.
c. no one.
d. Estes and Fortis.
d
Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of the openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of
a. Garage Magic’s sale of the opener to Home & Yard.
b. Garage Magic’s design of the opener.
c. Ian’s discovery of an injury caused by the opener.
d. Home & Yard’s sale of the opener to Ian.
c
MedBeat Inc. makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and
a. the omission of a warning renders the pacemaker not reasonably safe.
b. there is a reasonable alternative design.
c. MedBeat did not use due care in making the pacemaker.
d. Nina lacks insurance coverage.
c
Parties who can be held liable on a theory of product liability for physical injury or property damage caused by defective goods include all of the following except
a. a user of the goods.
b. a seller of the goods.
c. a lessor of the goods.
d. a maker of the goods.
a
Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC’s food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of
a. preemption.
b. assumption of risk.
c. comparative negligence.
d. knowledgeable user.
d
Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may consider
a. consumers’ general failure to read the product’s warnings.
b. the obvious risks of other products.
c. the plaintiff’s specific failure to read the product warnings.
d. the obvious risks of this product.
d
Sail-Away Corporation makes sailboards, which are bought and distributed by Tropic Company to UV Sports Stores, Inc., which sells them to consumers. Wen is injured while using a Sail-Away board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from
a. none of the choices.
b. Sail-Away only.
c. UV Sports only.
d. Sail-Away, Tropic, or UV Sports
d
