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Liability/Product Safety

Practice Exam Questions - Bank 1

1. A manufacturer or seller of a product being held liable for all injuries resulting from a product is an example of this form of liability: (Brauer, 54)
a. negligence
b. warranty
c. absolute
d. strict
2. This theory of liability deals with characteristics of products that are unreasonably dangerous: (Brauer, 54)
a. negligence
b. warranty
c. absolute
d. strict
3. This theory of liability involves the conduct or behavior of a person or corporate body, something they did or failed to do: (Brauer, 54)
a. negligence
b. warranty
c. absolute
d. strict
4. This theory of liability addresses performance of a product regarding implied or explicit claims made for it by the manufacturer or seller: (Brauer, 54)
a. negligence
b. warranty
c. absolute
d. strict
5. Wrongful acts, injuries or damages for which civil action can be brought are called: (Brauer, 54)
a. negligent acts
b. statutes
c. torts
d. criminal behavior
6. Under this legal concept complaints about products usually were ignored: (Brauer, 54)
a. negligence
b. caveat emptor
c. absolute liability
d. absolute liability
7. This doctrine further protected the manufacturer of products by limiting the parties involved in the transaction to the buyer and seller: (Brauer, 55)
a. warranty
b. caveat emptor
c. torts
d. privity of contract
8. Under this legal theory, which emerged in 1962, a manufacturer is liable when an article he places on the market, knowing it is to be used without inspection for defects, proves to have a defect that causes injury to a person: (Brauer, 55)
a. strict liability
b. caveat emptor
c. torts
d. privity of contract
9. The vast majority of product liability suits are handled under this theory: (Brauer, 55)
a. torts
b. caveat emptor
c. strict liability
d. privity of contract
10. Under strict liability, the plaintiff in a products lawsuit must prove all of the following, EXCEPT: (Brauer, 55)
a. Defect existed when if it left defendant's hands
b. Defect was not identified or obvious
c. Defect was proximate and caused injury or harm
d. Defendant was negligent in duty toward plaintiff

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