Product Liability (Ch. 12)

Question 1

Certification of a Class

Answer 1

Court’s agreement to allow one or more members of the class to serve as representative for the other members of the class

Question 2

Class action

Answer 2

Suit in which representative members of a class sue on behalf of other members of the class

Question 3

defective warning

Answer 3

defect arising out of a manufacturer’s failure to give adequate warning or directions for use - it is the warning that is defective rather than the product.

Question 4

design defect

Answer 4

Defect arising out of a manufacturer’s use of an unreasonably dangerous design

Question 5

Economic Loss

Answer 5

Diminution in the value of a product

Question 6

Express Warranty

Answer 6

Express representation by a seller that a product possess certain qualities

Question 7

Implied Warranty

Answer 7

Representations as to a product’s qualities that are implied by virtue of the product being offered for sale

Question 8

Manufacturing defect

Answer 8

defect arising out of a deviation in the manufacturing process

Question 9

Preempts

Answer 9

Prohibits a state tort law claim due to a federal enactment

Question 10

Privity

Answer 10

Requirement that the P must contract directly with the D in order to recover for losses

Question 11

Product Liability

Answer 11

The liability of a manufacturer, seller, or other supplier of a chattel which, because of a defect, causes injury to a consumer, user, or in some cases a bystander; liability can be based on any of 3 theories:

• negligence
• warranty
• strict liability

Question 12

Statutes of Repose

Answer 12

Statutes of limitations in reference to sale of products (from the date of the original sale)

Question 13

Unavoidably unsafe products

Answer 13

Products incapable of being made safe for their ordinary and intended use

Question 14

Warranty of Fitness for a Particular Purpose

Answer 14

Implied warranty that goods are suitable to be used for a particular (non-customary) purpose

Question 15

Warranty of Merchantability

Answer 15

Implied warranty that goods are fit for the ordinary purpose for which they are used.

Question 16

Elements of a Strict Liability Claim

Answer 16

• Was a product sold? (vs service)
• Was it defective?
• Was the defective product the proximate cause and cause in fact of the P’s injuries?
• Did the defect exist at the time it left D’s hands?
• Was it manufactured or sold by the D?