Chapter 7: Strict Liability and Product Liability

Question 1

liability regardless of fault. in tort law, ______ liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products

Answer 1

strict liability

Question 1

the legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods.

Answer 1

product liability

Question 2

the relationship that exists between the promisor and the promisee of a contract

Answer 2

privity of contract

Question 3

T or F: A product liability based on negligence does not require privity of contract between the injured plaintiff and the defendant-manufacturer

Answer 3

True

Question 4

When a user or consumer is injured as a result of a manufacturer’s or seller’s fraudulent misrepresentation, the basis of liability may be the tort of ________.

Answer 4

fraud

Question 5

What was the first state to impose strict product liability in tort on manufacturers?

Answer 5

California

Question 6

A court could consider a product so defective as to be an unreasonably dangerous product in either of what two following situations?

Answer 6

1. The product was dangerous beyond the expectation of the ordinary consumer.
2. A less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it.

Question 7

The Restatement (Third) of Torts: Products Liability defines three types of product defects that have traditionally been recognized in product liability law:

Answer 7

manufacturing defects, design defects, and inadequate warnings

Question 8

a theory under which liability is shared among all firms that manufactured and distributed a particular product during a certain period of time. this theory of liability is used only when the specific source of the harmful product is unidentifiable

Answer 8

market-share liability

Question 9

A defense that has been successfully raised by defendants in recent years.

Answer 9

preemption

Question 10

a defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer. if the misuse is reasonably foreseeable, the seller will not escape liability unless measures were taken to guard against the harm that could result from the misuse

Answer 10

product misuse

Question 11

Usually, the injured must bring a product liability claim within ____ to _____ years.

Answer 11

two to four

Question 12

temporary suspension of the running of a prescribed period (such as statute of limitations). For instance, a statute of limitations may be ______ until the party suffering an injury has discovered it or should have discovered it.

Answer 12

tolled

Question 13

basically, a statute of limitations that is not dependent on the happening of a cause of action. statutes of _____ generally begin to run at an earlier date and run for a longer period of time than statutes of limitations

Answer 13

statutes of repose

Question 14

T or F: Under the doctrine of strict liability, persons are liable only for the results of their intentional acts or their failure to exercise due care.

Answer 14

False

Question 15

T or F: Under the doctrine of strict liability, a defendant’s liability depends on privity of contract.

Answer 15

False

Question 16

T or F: To maintain an action in strict product liability, the plaintiff must show why and how the product became defective.

Answer 16

False

Question 17

T or F: Product misuse is recognized as a defense to a claim for product liability only when the particular misuse was reasonably foreseeable.

Answer 17

False

Question 18

T or F: Some courts do not allow assumption of risk as a defense to a strict product liability claim because the theory focuses on the nature of a product, not the plaintiff’s conduct.

Answer 18

True