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Exam 20: Product Liability

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Question 41

True/False

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A disclaimer of the implied warranty of merchantability must be in writing to be enforceable.

A) True
B) False

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Question 42

True/False

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A description that gives rise to an express warranty under which the goods must be as described,amounts to an express warranty regarding quality or duration of the goods' future performance.

A) True
B) False

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Question 43

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Under privity statutes adopted by some states, which of the following is not considered when determining whether a plaintiff can recover outside privity in warranty cases?

When determining whether a manufacturer was negligent in adopting a particular design,courts use the utilitarian test.

Adam decides to eat food despite knowing that it is adulterated and brags about it to Dee.Later,Adam falls sick from infection.Adam sues the supplier of the said food for injury suffered by him.The defense which can be taken by the food supplier is:

Under the product liability theory of strict liability as expressed in the Restatement (Second) of Torts,what is an essential fact that must be present if strict liability may be used in a lawsuit as the basis for recovery?

The case in the text,Riegel v.Medtronic,Inc. ,is an example of the concept of:

In cases where a product's risks are open and obvious,many courts hold that:

The owner of Café Coffee Day declares that his restaurant makes the world's best cup of coffee,this is an example of an express warranty.

A statement in an advertisement can sometimes be considered an "express warranty."

In Moss v.Batesville Casket Co. ,the case in the text,what did the court hold?

The 20th century product liability law is best characterized by the phrase:

The most important requirement of goods regarding their merchantability is that they must:

Which of the following refers to a direct contractual relation?

Several firms within an industry are involved in manufacturing a harmful product.It is impossible to prove which firm produced the product and caused injury.Identify the type of liability that would arise in these circumstances.

A defective product moves ________ when it affects members of the buyer's family,guests in her home,and even bystanders.If the buyer or one of these parties suffers loss because of the defect in the component parts,she may recover in a negligence case against the manufacturer.

In January 2003,Evan sold a television set that he stated was "HDTV ready" to Zora.Three months later,Zora learned that the television set was not "HDTV ready." For each of the three major views on the "part of the basis-of-the-bargain" requirement for express warranty liability under UCC section 2-313,explain what the court will need to know before making a decision.

Mr.Green purchases a treadmill from Mr.Brown.Mr.Green tells Mr.Brown that he is purchasing the treadmill to jog and sprint.The treadmill that Mr.Green purchases does not allow for speeds faster than walking.Mr.Green should be able to recover his purchase money or receive a different machine based on the UCC warranty of fitness for a particular purpose.

What does the term "caveat emptor" mean?

Basis-of-the-bargain damages are almost always awarded in tort cases.