Which of the following was true prior to the landmark 1916 case of MacPherson v. Buick Motor Company?
A) Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty.
B) Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing causation.
C) Negligence was often used as a theory of recovery because of the ease in establishing privity of contract.
D) Causes of actions against manufacturers of products were barred under federal law.
E) Causes of actions against manufacturers of products were barred by an amendment to the U.S. Constitution that has since been repealed.

Question

Quizplus · Accepted Answer

Prior to the landmark 1916 case of MacPherson v. Buick Motor Company, negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty. This case changed the legal landscape by holding that a manufacturer could be held liable for negligence even if there was no privity of contract with the injured party, thus making it easier to establish a duty of care.

Which of the Following Was True Prior to the Landmark