Question 1

Strict liability under contract law for injuries caused by defective products is based on:

Accepted Answer

A)  the existence of a prospectus
B)  the existence of a warranty
C)  the existence of negligence
D)  the existence of an assault
E)  the existence of an arbitration clause

Question 2

In Timpte Industries v.Gish,where Gish was hurt when he fell off the top of a truck,the Texas Supreme Court held there was no design defect as there was no clearly superior design of the truck top at reasonable cost.

Accepted Answer

A) True 
 B)False

Question 3

The Restatement (Third) of Torts on product liability says that when considering a defective product the courts should use:

Accepted Answer

A)  a cost-benefit analysis
B)  strict liability when any injury is inflicted
C)  a risk-utility balancing
D)  the rule of negligence
E)  none of the other choices

Question 4

Under the rule of strict liability in tort,to be successful an injured party must show that the:

Accepted Answer

A)  defect in the product was the proximate cause of injury
B)  product in question was defective
C)  defect in a product caused it to be unreasonably dangerous
D)  losses were suffered
E)  all of the other choices

Question 5

The Supreme Court of California in Greenman v.Yuba Power led in adopting a general rule:

Accepted Answer

A)  imposing strict liability in tort
B)  making the consumer prove the manufacturer's negligence
C)  allowing protection for manufacturers who did not warrant perfection of their products
D)  of strict liability in case of express warranty of safety
E)  none of the other choices

Question 6

When two professors conducted a study of the American and the Japanese tort systems,they found that the:

Accepted Answer

A)  two systems bear no comparison
B)  two systems have major differences
C)  two systems are not all that different in results
D)  Japanese tort system is far superior in protecting consumers
E)  American tort system if far superior in protecting consumers

Question 7

Under the rule of caveat emptor,the producer of a defective product that caused injury to a consumer was:

Accepted Answer

A)  not liable in either tort law or contract law
B)  liable in tort law to any injured consumer if negligence by the producer could be shown
C)  liable in tort law to consumers who bought the good under the rule of strict liability
D)  liable in contract to all consumers who used the product under the rule of res ipsa loquitur
E)  none of the other choices

Question 8

The tort of interference with contractual relations occurs when Party C attempts to get Party A,who has a contract with Party B,to breach the contract in favor of doing business with Party C.

Accepted Answer

A) True 
 B)False

Question 9

The elements of the tort of interference with a prospective advantage (relationship) include:

Accepted Answer

A)  fraud
B)  manipulation of the securities market for personal gain
C)  predatory behavior
D)  defamation of a competitor
E)  all of the other choices

Question 10

In Greenman v.Yuba Power Products the court imposed strict liability on a producer due to failure to prevent a defect in its product that caused injury to a consumer.

Accepted Answer

A) True 
 B)False

Question 11

Strict liability was used as a standard by courts before caveat emptor was used.

Accepted Answer

A) True 
 B)False

Question 12

In MacPherson v.Buick,where the wheel on a new Buick collapsed,causing the car to crash,injuring MacPherson,the court of appeals held that:

Accepted Answer

A)  Buick was not responsible to the consumer because it did not make the defective wheel
B)  the wheel manufacturer was liable for negligence for making a defective wheel
C)  Buick was not liable because it did not have privity with MacPherson,the buyer
D)  Buick was not liable;the dealer was liable as the seller of the finished product
E)  none of the other choices

Question 13

A(n) _____________ warranty is one the manufacturer contractually provides to the consumer.

Accepted Answer

A)  implied
B)  valid
C)  express
D)  rapid
E)  none of the other choices are correct

Question 14

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court used a _____________ to determine whether the trailer design was defective by law.

Accepted Answer

A)  ultimate risk factor test
B)  risk-utility factor test
C)  risk-liability factor test
D)  knowledge of risk test
E)  none of the other choices are correct

Question 15

Under the strict liability doctrine,the focus is on the problems with the product,rather than:

Accepted Answer

A)  problems with the court process
B)  integrity of the manufacturer
C)  the rationality of the conduct of the manufacturer
D)  the appropriateness of the conduct of the manufacturer
E)  none of the other choices are correct

Question 16

Strict liability in tort was applied to food and drink first because of the promises of safety made by the sellers on the labels of their products.

Accepted Answer

A) True 
 B)False

Exam 7: Business Torts and Product Liability

In Timpte Industries v.Gish,where Gish was hurt when he fell off the top of a truck,the Texas Supreme Court held there was no design defect as there was no clearly superior design of the truck top at reasonable cost.

Correct Answer
verified

In Greenman v.Yuba Power Products the court imposed strict liability on a producer due to failure to prevent a defect in its product that caused injury to a consumer.

Correct Answer
verified

Strict liability in tort was applied to food and drink first because of the promises of safety made by the sellers on the labels of their products.

Correct Answer
verified

In MacPherson v.Buick,where the wheel on a new Buick collapsed,causing the car to crash,injuring MacPherson,the court of appeals held that:

Correct Answer
verified

Strict liability was used as a standard by courts before caveat emptor was used.

Correct Answer
verified

When two professors conducted a study of the American and the Japanese tort systems,they found that the:

Correct Answer
verified

A(n) _____________ warranty is one the manufacturer contractually provides to the consumer.

Correct Answer
verified

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court used a _____________ to determine whether the trailer design was defective by law.

Correct Answer
verified

Under the strict liability doctrine,the focus is on the problems with the product,rather than:

Correct Answer
verified

The elements of the tort of interference with a prospective advantage (relationship) include:

Correct Answer
verified

Under the rule of strict liability in tort,to be successful an injured party must show that the:

Correct Answer
verified

The Supreme Court of California in Greenman v.Yuba Power led in adopting a general rule:

Correct Answer
verified

The tort of interference with contractual relations occurs when Party C attempts to get Party A,who has a contract with Party B,to breach the contract in favor of doing business with Party C.

Correct Answer
verified

Under the rule of caveat emptor,the producer of a defective product that caused injury to a consumer was:

Correct Answer
verified

Strict liability under contract law for injuries caused by defective products is based on:

Correct Answer
verified

The Restatement (Third) of Torts on product liability says that when considering a defective product the courts should use:

Correct Answer
verified

Exam 7: Business Torts and Product Liability

In Timpte Industries v.Gish,where Gish was hurt when he fell off the top of a truck,the Texas Supreme Court held there was no design defect as there was no clearly superior design of the truck top at reasonable cost.

Correct AnswerverifiedShow Answer

In Greenman v.Yuba Power Products the court imposed strict liability on a producer due to failure to prevent a defect in its product that caused injury to a consumer.

Correct AnswerverifiedShow Answer

Strict liability in tort was applied to food and drink first because of the promises of safety made by the sellers on the labels of their products.

Correct AnswerverifiedShow Answer

In MacPherson v.Buick,where the wheel on a new Buick collapsed,causing the car to crash,injuring MacPherson,the court of appeals held that:

Correct AnswerverifiedShow Answer

Strict liability was used as a standard by courts before caveat emptor was used.

Correct AnswerverifiedShow Answer

When two professors conducted a study of the American and the Japanese tort systems,they found that the:

Correct AnswerverifiedShow Answer

A(n) _____________ warranty is one the manufacturer contractually provides to the consumer.

Correct AnswerverifiedShow Answer

In Timpet Industries v.Gish,where Gish sued for design defect after he fell from the top rail of a trailer made by Timpet,the state supreme court used a _____________ to determine whether the trailer design was defective by law.

Correct AnswerverifiedShow Answer

Under the strict liability doctrine,the focus is on the problems with the product,rather than:

Correct AnswerverifiedShow Answer

The elements of the tort of interference with a prospective advantage (relationship) include:

Correct AnswerverifiedShow Answer

Under the rule of strict liability in tort,to be successful an injured party must show that the:

Correct AnswerverifiedShow Answer

The Supreme Court of California in Greenman v.Yuba Power led in adopting a general rule:

Correct AnswerverifiedShow Answer

The tort of interference with contractual relations occurs when Party C attempts to get Party A,who has a contract with Party B,to breach the contract in favor of doing business with Party C.

Correct AnswerverifiedShow Answer

Under the rule of caveat emptor,the producer of a defective product that caused injury to a consumer was:

Correct AnswerverifiedShow Answer

Strict liability under contract law for injuries caused by defective products is based on:

Correct AnswerverifiedShow Answer

The Restatement (Third) of Torts on product liability says that when considering a defective product the courts should use:

Correct AnswerverifiedShow Answer

Correct Answer
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