Strict Liability & Products Liability Quiz
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Questions and Answers

What is true about strict liability?

  • It can impose liability regardless of fault. (correct)
  • It requires proof of the plaintiff's negligence.
  • It only applies to intentional torts.
  • It necessitates a finding of tortious intent.

    • In the context of products liability, who may be held liable?

  • The end consumer who purchased the product.
  • Any commercial supplier involved in the product's distribution. (correct)
  • Only the manufacturer of the product.
  • Only private sellers of the product.

    • Which of the following is not a standard used to determine defects in products?

  • Manufacturing Defect Analysis
  • Risk/Benefit Test
  • Balancing Test (correct)
  • Consumer Expectation Test

    • What type of defect occurs when a product is manufactured incorrectly?

    <p>Manufacturing Defect</p> Signup and view all the answers

    What is one of the defenses to strict products liability?

    <p>Assumption of risk by the user.</p> Signup and view all the answers

    Which theory of products liability focuses specifically on defects in product design?

    <p>Strict Products Liability</p> Signup and view all the answers

    What is required to establish actual cause in a negligence claim?

    <p>Defendant's actions must be the actual cause of the plaintiff's injury</p> Signup and view all the answers

    What is required of the plaintiff in a strict liability case?

    <p>Showing that the tort occurred and the defendant was responsible.</p> Signup and view all the answers

    Under strict products liability, what is the standard applied to the product's condition?

    <p>Unreasonably dangerous defective condition.</p> Signup and view all the answers

    Which of the following is NOT a type of warranty?

    <p>Limited warranty</p> Signup and view all the answers

    What is a key element in the duty to warn regarding products?

    <p>Warnings must address foreseeable significant risks at the time of manufacture</p> Signup and view all the answers

    In a negligence claim, what standard is typically applied to evaluate the defendant's behavior?

    <p>Reasonable care under the circumstances</p> Signup and view all the answers

    What does 'proximate cause' determine in a negligence case?

    <p>If the defendant should be relieved of liability due to fairness</p> Signup and view all the answers

    Which defense could be used by a defendant in response to a product liability claim?

    <p>Unforeseeable misuse of product</p> Signup and view all the answers

    What must be demonstrated for a breach of warranty claim to succeed?

    <p>There must be reliance on a false warranty statement that leads to injury</p> Signup and view all the answers

    Which of the following best describes 'implied warranty of merchantability'?

    <p>Warranty implying an average quality suitable for the purpose intended is met</p> Signup and view all the answers

    Study Notes

    Strict Liability & Products Liability

    • Strict liability imposes absolute liability on a defendant without a finding of fault (no intent or negligence needed).
    • A plaintiff only needs to prove the tort occurred and the defendant was responsible.
    • Specific situations include liability for animals, abnormally dangerous activities, and strict product liability.

    Products Liability

    • Products liability holds manufacturers and sellers accountable for placing defective products into consumers' hands.
    • This includes specific examples such as the case of Kramer v. Java World (hot coffee).
    • Relevant cases include Liebeck v. McDonald's Restaurants, and Stella Liebeck's Injuries.
    • Several different product liability theories exist.

    Products Liability Theories

    • If a case involves intentional harm, intentional torts are the relevant area, not products liability.
    • Key theories of products liability include: Strict Products Liability, Negligence, Express Warranty, and Implied Warranty.

    Products Liability Approach

    • The assessment of products liability cases follows a specific approach. Key issues to consider are: Proper Damages? Proper Parties? Standard of Care? Causation? Defenses?

    Strict Product Liability

    • A commercial supplier who places a product in the stream of commerce can be held liable if the product has an unreasonably dangerous defect that causes damages.

    Strict Products Liability Approach

    • Damages include personal injury or property damage.
    • Parties involved include anyone in the supply chain, buyers, users, and foreseeable bystanders.
    • The standard of care is an unreasonably dangerous product that can be in manufacturing, design, or warnings.
    • The causation must be actual and proximate.
    • Defenses to strict products liability include unforeseeable misuse, unforeseeable alterations, assumption of risk. There is no contributory or comparative negligence.

    Standard - Defects

    • Manufacturing defect: product made incorrectly.
    • Design defect: Risk-benefit test (do risks outweigh benefit) or consumer expectation test (is product more dangerous than expected).
    • Warning defect: duty to warn about foreseeable risks at manufacture time. Types include absence of warning or inadequate warning.

    Causation

    • Actual cause: Defendant's actions directly caused plaintiff's injury.
    • Proximate cause: Was it fair to hold defendant liable for the consequences? (consider direct vs indirect, intervening acts).

    Negligence

    • A defective product isn't enough, a breach of duty (unreasonable conduct) leading to injury needs to be shown.
    • Negligence in product liability is limited to behavior within the supply chain.

    Negligence Approach

    • Damages include personal injury and property damage.
    • Parties involved include anyone within the supply chain who breached their duty, private sellers, repairers and all foreseeable plaintiffs
    • Standard is reasonable care under the circumstances.
    • Causation is actual and proximate.
    • Applicable defenses include: unforeseeable misuse, unforeseeable alteration, contributory/comparative negligence, and assumption of risk.

    Warranty

    • Express warranty: statement about a product's safety/functionality that proves untrue, causing injury.
    • Implied warranty: implied qualities/strengths/merchantability or particular purpose (includes fitness for average use (edible food, functioning cars) or fitness for a specific use (e.g., cold-weather sleeping bag).

    Express Warranty Approach

    • Damages: personal injury/property damage and economic loss.
    • Parties to litigation: anyone who makes the warranty and any foreseeable parties relying on it.
    • Standard: clear statement for warranty; failure leads to liability.
    • Causation: actual & proximate cause.
    • Defenses: unforeseeable misuse/alteration/assumption of risk.

    Implied Warranty Approach

    • Damages: personal injury/property damage and economic loss.
    • Parties to litigation: seller and purchaser.
    • Merchantability standard: fit for average intended use when sold.
    • Fitness standard: specific use, implicitly warranted (e.g., cold weather sleeping bag).
    • Causation: actual & proximate cause.
    • Defenses: unforeseeable misuse/alteration/assumption of risk.

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    Related Documents

    Strict Liability & Products Liability PDF

    Description

    Test your knowledge on strict liability and products liability concepts. This quiz covers the fundamentals of absolute liability, key cases, and various products liability theories. Understand the legal implications and responsibilities of manufacturers and sellers in this engaging assessment.

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