Chapters 1-6

Question 1

Braswell v Cincinnati Inc - A manufacturer was not held strictly liable in a case where someone had their arm amputated due to a design defect that occurred after the product was sold

Answer 1

• Cincinnati Inc properly warned people with proper safety features when it was sold
• The machine was resold several times and the safety features were removed
Cincinnati Inc was not responsible for those safety features being removed

Question 2

Defect in manufacture

Answer 2

when a manufacturer fails to properly assemble a product, test a product, or check the quality of a product adequately

Question 3

Coca-Cola v Dolinski

Answer 3

A guy sued after a decomposed mouse was found in the liquid the plaintiff drank. Coca-Cola was strictly liable due to them needing to adequately check the products quality

Question 4

Defect in Design - Occurs when a product is designed incorrectly BUT

Answer 4

Does not impact just one product, but all products, and can cause injury

Question 5

Braswell v Cincinnati Inc - A manufacturer was not held strictly liable in a case where someone had their arm amputated due to a design defect that occurred after the product was sold

Answer 5

• Cincinnati Inc properly warned people with proper safety features when it was sold
  
  • The machine was resold several times and the safety features were removed
    
    • Cincinnati Inc was not responsible for those safety features being removed

Question 6

Defect in Packaging

Answer 6

When a product has been placed in packaging that is insufficiently tamperproof

Question 7

If tamperproof protection was not placed on a bottle, and someone put cyanide in it–what would that be?

Answer 7

Defect in Packaging

Question 8

Five most common defenses to product liability

Answer 8

Generally known danger, government contractor defense, abnormal misuse of a product, supervening event, assumption of the risk

Question 9

Certain products are inherently dangerous and known to the general population to be so (guns shoot bullets and bullets hurt therefore they don’t need to place a warning on the barrel of a gun)

Answer 9

Generally Known Danger

Question 10

Contractors who were provided specifications by the government is not liable for any defect in the product that occurs as a result of those specifications

Answer 10

Government Contractor Defense

Question 11

A lawn mower seller is not liable in case someone lifts the lawnmower up to try and cut the hedge?

Answer 11

Abnormal Misuse of a product

Question 12

Manufacturers are not liable if a product is materially altered or modified after it leaves the sellers possession.

Answer 12

Supervening Event

Question 13

Assumption of the Risk - Can be asserted as a defense to product liability, but requires:

Answer 13

○ The plaintiff knew and appreciated the risk
○ Plaintiff voluntarily assumed the risk
**Think Prescription Drugs

Question 14

Made when the seller makes a material representation about a products composition, durability, performance, or safety

Answer 14

Express Warranty

Question 15

Can be implied from the facts that the sellers has offered the goods for sale

Answer 15

Implied Warranties

Question 16

If you buy a blender, it should blend)

Answer 16

Warranty of merchantability

Question 17

Any merchant implicitly warrants the product is sold or is fit for its ordinary purposes, and conveys with the sale of product irrespective of the seller’s statements

Answer 17

Warranty of merchantability

Question 18

Tort

Answer 18

a “wrong” whereby a persons or business is injured by the tortious actions of others

Question 19

Lawful protection of a person against unauthorized touching, restraint, or other contac

Answer 19

Intentional Torts

Question 20

Threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm

Answer 20

Assault

Question 21

Where an individual’s intent to injure another is transferred to the crime that may occur if someone else gets injured instead

Answer 21

Transferred Intent Doctrine

Question 22

Restraining someone without their consent

Answer 22

False Imprisonment

Question 23

Merchant protection statutes / shopkeeper’s privilege exempts shop owners from false imprisonment of shoplifters only IF

Answer 23

there are reasonable grounds for suspicion, suspects are detained for a reasonable time, and investigations are conducted in a reasonable manner

Question 24

Any attempt by another person to appropriate a living person’s name or identity for commercial purposes

Answer 24

Misappropriation

Question 25

Exception to misappropriations include:

Answer 25

events of historical significance, such as the Rosa Parks story

Question 26

Slander vs Libel

Answer 26

Slander is spoken, libel is written (Does not include opinions)

Question 27

The failure to do something that a reasonable person would do

Answer 27

Negligence

Question 28

In order to prove something is negligent there must be:

Answer 28

Duty of Care, Reasonable Standard, Breach of Duty of Care, Proximate Cause

Question 29

the duty people owe each other (not to cause unreasonable risk or harm)

Answer 29

Duty of Care

Question 30

reasonable professional standard

Answer 30

where someone in a similar scenario is imagined whether or not they do the same thing

Question 31

the failure to act as a reasonable person would act

Answer 31

Breach of the duty of care

Question 32

The farther removed someone is from the cause of a negligent tort, the less liable they are

Answer 32

Proximate Cause

Question 33

When a negligent act violates a statute or ordinance

Answer 33

Negligence Per Se

Question 34

The burden of proof is on the defendant to prove not negligent in this scenario

Answer 34

Res ipsa loquitu

Question 35

Under Res ipsa loquitu, there is a presumption of negligence due to:

Answer 35

Defendant was in exclusive control of the situation

Plaintiff would not have suffer injury except for someone’s negligence

Question 36

Extreme departure from ordinary standard of conduct. Can be willful or reckless behavior

Answer 36

Gross Negligence