Question 1

Flo buys a Go! battery that,if used in a Hi-Digital music player,which can be powered only by an IntraChemico battery,may cause the player to explode.Flo is not aware of the danger,Go!'s instructions do not warn of it,and Go! batteries are the same shape as IntraChemico batteries.Flo puts the Go! battery in a Hi-Digital player,which explodes,injuring Flo.Go!'s seller is most likely

Accepted Answer

The seller of Go! batteries is liable because the danger of using it in a Hi-Digital music player, which can only be powered by an IntraChemico battery, should have been reasonably foreseeable to the seller. Additionally, the instructions did not warn of the danger, and the batteries were of the same shape as the IntraChemico batteries. Therefore, the seller failed to provide adequate warning and safety measures to prevent such accidents.

Question 2

General Construction Company (GCC)tells Industrial Supplies,Inc. ,that it needs an adhesive to do a particular job.Industrial provides a five-gallon bucket of a certain brand.When it does not perform to GCC's speci?fications,GCC sues Industrial,which claims,"We didn't expressly promise anything." What should GCC argue?

Accepted Answer

The answer of General Construction Company (GCC)tells Industrial Supplies,Inc. ,that...

Question 3

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third)of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

Accepted Answer

According to the Restatement (Third) of Torts: Products Liability, a warning defect occurs when the product contains inadequate warnings and/or instructions for its safe use. If there is a foreseeable possibility of harm from the product, and the omission of a warning renders the product not reasonably safe, the manufacturer can be held liable for the defect. Therefore, option A is the best choice. Options B and C are related to design and manufacturing defects, respectively, and are not relevant to the scenario presented in the question. Option D is incorrect because one of the choices presented is the correct answer.

Question 4

Portia is driving a Quest motorcycle fifteen miles over the speed limit when,due to a defect,the rear tire spins off.Portia is injured in the ensuing accident.In her suit to recover from Quest for the injury,Quest's best defense is that

Accepted Answer

Portia was driving fifteen miles over the speed limit, which is considered an act of comparative negligence. This means that she contributed to her own injury by engaging in risky behavior. While Quest may have been liable for the defect in the tire, Portia's own actions also played a role in the accident. Therefore, comparative negligence is Quest's best defense.

Question 5

Infinite Variety Corporation makes products that Jostle Sales Company sells to consumers online,through catalogs,and in retail outlets.Holding makers and sellers strictly liable for the cost of injuries to con?sumers from harmful or defective products is based in part on the policy that

Accepted Answer

The answer of Infinite Variety Corporation makes products that Jostle...

Question 6

Safe-Rite Company makes electrical cords and other connectors for elec?tronic devices.Tina files a product liability suit against Safe-Rite,alleg?ing a warning defect.Under the Restate?ment (Third)of Torts: Products Liability,in deciding whether to hold Safe-Rite liable,the court may consider

Accepted Answer

The Restatement (Third) of Torts: Products Liability suggests that in deciding whether to hold Safe-Rite liable, the court may consider both the characteristics of expected users and the content of any warning. Therefore, the best choice is D.

Question 7

High Bikes,Inc. ,makes bicycles.A defective High bike injures Ilsa when she rides it.Ilsa files a product liability suit against High.The maker can

Accepted Answer

High Bikes, Inc. can not avoid liability because it is responsible for ensuring the safety of its products and if a defect in its product causes harm to a consumer, it is liable for the damages.

Question 8

Cellular Products Corporation (CPC)makes cell phones.Dina files a product liabil?ity suit against CPC,alleging a design defect.Under the Restate?ment (Third)of Torts: Products Liability,in deciding whether to hold CPC liable,the court may consider

Accepted Answer

According to the Restatement (Third) of Torts: Products Liability, the court may consider the relative advantages and disadvantages of the product as designed and as it could have been designed, as well as the magnitude of foreseeable risks, in deciding whether to hold the manufacturer liable for a design defect. Therefore, option D is the best choice.

Question 9

Gina,an obese individual,files a suit against Hot n' Tasty,Inc. ,alleging that its food is unhealthy because,as is well known,it contains high lev?els of salt and sugar.Gina's suit is most likely to

Accepted Answer

The danger of high salt and sugar levels in fast food is commonly known and open and obvious to a reasonable consumer. Gina cannot hold Hot n' Tasty, Inc. responsible for her obesity because she had the knowledge that the food was unhealthy before consuming it. Therefore, her lawsuit would likely fail.

Question 10

Adam steals from Business Resources,Inc. ,ten computer hard drives,which Adam sells to Computer Products Corporation (CPC).Unaware that the drives are stolen,CPC reconditions them and sells them to Direct Marketers,Inc.With the reconditioned drives,CPC gives Direct Marketers a written statement that disclaims "any and all warranties." Business Resources learns that Direct Marketers has the drives and de?mands their return.Direct Marketers gives the equipment to Business Resources and files a suit against CPC.Will Direct Marketers succeed in its suit? Why or why not?

Accepted Answer

The answer of Adam steals from Business Resources,Inc. ,ten computer...

Question 11

Quantum Tools Corporation (QTC)makes hammers and other tools.Rita is injured while using a QTC hammer.She sues the company for product liability based on negligence.To defend successfully against the suit,QTC may show that

Accepted Answer

The answer of Quantum Tools Corporation (QTC)makes hammers and other...

Question 12

Digital Systems,Inc.(DSI),makes storage media and other periph?eral computer products.A DSI product may be unreasonably danger?ous due to

Accepted Answer

According to the question, the DSI product may be unreasonably dangerous due to either a defect in its design or an inadequate warning. Therefore, both options (design defect and inadequate warning) can make the product unreasonably dangerous. Therefore, the best answer is B.

Quiz 17: Warranties and Product Liability

Country Style,Inc. ,makes landscaping tools.Under the Restatement (Third) of Torts: Products Liability,Country could be liable for a warning defect if there is a foreseeable risk of harm posed by a product and

Portia is driving a Quest motorcycle fifteen miles over the speed limit when,due to a defect,the rear tire spins off.Portia is injured in the ensuing accident.In her suit to recover from Quest for the injury,Quest's best defense is that

Infinite Variety Corporation makes products that Jostle Sales Company sells to consumers online,through catalogs,and in retail outlets.Holding makers and sellers strictly liable for the cost of injuries to con?sumers from harmful or defective products is based in part on the policy that

Safe-Rite Company makes electrical cords and other connectors for elec?tronic devices.Tina files a product liability suit against Safe-Rite,alleg?ing a warning defect.Under the Restate?ment (Third) of Torts: Products Liability,in deciding whether to hold Safe-Rite liable,the court may consider

High Bikes,Inc. ,makes bicycles.A defective High bike injures Ilsa when she rides it.Ilsa files a product liability suit against High.The maker can

Cellular Products Corporation (CPC) makes cell phones.Dina files a product liabil?ity suit against CPC,alleging a design defect.Under the Restate?ment (Third) of Torts: Products Liability,in deciding whether to hold CPC liable,the court may consider

Gina,an obese individual,files a suit against Hot n' Tasty,Inc. ,alleging that its food is unhealthy because,as is well known,it contains high lev?els of salt and sugar.Gina's suit is most likely to

Quantum Tools Corporation (QTC) makes hammers and other tools.Rita is injured while using a QTC hammer.She sues the company for product liability based on negligence.To defend successfully against the suit,QTC may show that

Digital Systems,Inc.(DSI) ,makes storage media and other periph?eral computer products.A DSI product may be unreasonably danger?ous due to