Tort Law and Product Liability

<p>Privity only exists between the seller and immediate buyer. (C)</p> Signup and view all the answers

<p>Compliance with safety provisions. (C)</p> Signup and view all the answers

<p>The danger is complicated and not easily understood. (A)</p> Signup and view all the answers

<p>Contribution to product marketing. (D)</p> Signup and view all the answers

<p>Be in writing, notarized, and submitted to BCSP. (C)</p> Signup and view all the answers

<p>Decline to approve due to lack of expertise. (D)</p> Signup and view all the answers

<p>Notifying the responsible supervisor for immediate corrective action. (C)</p> Signup and view all the answers

<p>It is purely descriptive and does not influence actions. (C)</p> Signup and view all the answers

<p>Refuse the offer and provide assistance free of charge. (B)</p> Signup and view all the answers

<p>All of the above (D)</p> Signup and view all the answers

<p>Hold paramount the safety, health, and welfare of the public (A)</p> Signup and view all the answers

<p>Notify the operation supervisor and recommend immediate corrective action (C)</p> Signup and view all the answers

<p>Language background (A)</p> Signup and view all the answers

<p>1.0 points (C)</p> Signup and view all the answers

<p>40% (A)</p> Signup and view all the answers

<p>To provide consultation beyond their expertise (D)</p> Signup and view all the answers

<p>Write them down and send a copy to BCSP and the individual affected (B)</p> Signup and view all the answers

<p>Offering services only within their area of expertise (C)</p> Signup and view all the answers

<p>To report the situation to OSHA without delay (A)</p> Signup and view all the answers

<p>Americans with Disability Act (B)</p> Signup and view all the answers

<p>Negligence is presumed when an accident occurs that wouldn't happen without someone's fault. (D)</p> Signup and view all the answers

<p>When the injury has occurred. (D)</p> Signup and view all the answers

<p>It obligates employers to provide extensive training to all employees. (D)</p> Signup and view all the answers

<p>Exemplary Damages (D)</p> Signup and view all the answers

<p>One party indicates they will not perform their contractual duties. (B)</p> Signup and view all the answers

<p>Ensuring all chemical exposures lead to immediate reporting. (C)</p> Signup and view all the answers

<p>It applies to accidents that normally do not occur without negligence. (A)</p> Signup and view all the answers

<p>Punitive Damages (A)</p> Signup and view all the answers

<p>Anticipatory Repudiation (D)</p> Signup and view all the answers

<p>Force Majeure (A)</p> Signup and view all the answers

<p>Executory Contract (C)</p> Signup and view all the answers

<p>Spinal cord injury (B)</p> Signup and view all the answers

<p>Alzheimer’s disease (D)</p> Signup and view all the answers

<p>Seizure disorders (C)</p> Signup and view all the answers

<p>Uniform Trade Secrets Act (UTSA) (D)</p> Signup and view all the answers

<p>Mutual consent of parties (D)</p> Signup and view all the answers

<p>Monetary considerations (A)</p> Signup and view all the answers

<p>Misrepresentation of terms (C)</p> Signup and view all the answers

A civil wrong that results in harm to another person, for which a court may provide a remedy. It arises from a general legal duty to avoid causing harm, and can happen through actions (commission) or inaction (omission).

In product liability cases, this concept requires manufacturers to warn consumers about potential dangers associated with their products. The warning must be clear and effective to prevent accidents.

The concept of 'privity' in product liability refers to the direct contractual relationship between two parties. In the case of a product sold through multiple parties, privity only exists between the parties who directly engaged in the sale.

The Consumer Products Safety Act (CPSA) requires manufacturers, distributors, and private labelers to provide a certification label that indicates the product meets safety standards. However, the CPSC identification number is not part of this mandatory label.

A consumer product warning label is unnecessary if the danger posed by the product is obvious and easily recognizable. For example, a hot stove or a sharp knife would not require a specific warning label.

A warning label for a consumer product must clearly communicate the potential harm associated with the product, and the responsible party (manufacturer, distributor, or private labeler) must provide this warning. However, the specific permissible exposure limit (PEL) or threshold limit value (TLV) for the product is not typically included on the label.

This act ensures a safe and healthy work environment for employees by setting standards and enforcing them through inspections.

The expression "res ipsa loquitur" in product safety litigation means that the negligence of another party is assumed due to the nature of the accident that wouldn't occur without negligence.

The statute of limitations for product liability doesn't start until an injury occurs, regardless of when the product was purchased.

The OSHA Hazard Communication Standard requires manufacturers, importers, or distributors of hazardous chemicals to provide clear and concise labels on containers and create Safety Data Sheets.

Punitive damages, also known as exemplary damages, are awarded to punish the defendant and deter similar future misconduct.

Anticipatory Breach of Contract happens when one party clearly demonstrates their intent to break the contract, even before the actual breach.

A CSP should prioritize immediate corrective action and inform the supervisor responsible for the hazardous situation.

Ethics deals with moral values, distinguishing right from wrong, and establishing principles and obligations, not simply describing facts.

As a CSP, you should decline any compensation for helping an outside contractor with a HAZOP study. Your primary duty is to your company and avoiding conflicts of interest.

A CSP should not approve a pressure vessel design without thorough review or necessary adjustments. It's essential to ensure safety and competence.

Written complaints must be submitted to specific parties, including the individual affected, BCSP, and ASSE president.

A breach of contract that occurs when one party indicates, before the time for performance, that they will not fulfill their obligations.

Also known as anticipatory breach, it occurs when one party clearly signals their intention to breach the contract before the performance date.

A clause in contracts and insurance policies that provides a legal basis for parties to be excused from their obligations due to unanticipated events beyond their control, such as natural disasters.

A type of contract where both parties have yet to fulfill their obligations. For instance, a car lease agreement where the lessee has not yet made all payments and the lessor has not yet fully transferred ownership.

A person who has suffered a severe injury to their spinal cord, resulting in paralysis of all four limbs.

A person who displays signs of significant cognitive decline and impairment due to conditions like Alzheimer's disease, resulting in a loss of memory, reasoning, and social functioning.

A person who experiences recurrent seizures, which are sudden episodes of unusual electrical activity in the brain.

A legal framework designed to protect companies' secret processes, techniques, or formulas that provide a competitive edge. It safeguards against unauthorized disclosure or use of such information.

The common understanding and agreement between parties in a contract, ensuring that both parties share the same understanding of the terms and obligations.

Consent is a key element of a valid contract, but it must be free from coercion, fraud, or misrepresentation. When these factors are involved, consent is not considered free and the contract can be challenged.

A situation where someone intentionally deceives another person for personal gain, often involving the use of false information or actions.

A statement made that is not true, either intentionally or unintentionally, that influences someone's decision.

Using force or threats to make someone do something against their will.

The guiding principles that dictate ethical conduct in a profession.

The principles that guide safety professionals to prioritize the well-being of the public over personal gain or company pressure.

The ethical obligation for safety professionals to communicate information truthfully and objectively, avoiding bias or personal gain.

The stages of moral development in a person, affecting their ethical decision-making process.

The degree to which someone believes they control their own life and actions.

The number of points earned for attending a professional conference for continuing certification must be at least 50% safety-related content.

A Certified Safety Professional must provide advice and consultation only in areas where they have the necessary expertise and knowledge.