Tort Law and Product Liability

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Questions and Answers

What distinguishes tort law from contractual obligations?

Tort law is primarily concerned with punitive damages.

Tort law involves a generalized legal duty to avoid harm. (correct)

Tort law can only arise from acts of commission.

Tort law only applies to written agreements.

Which condition is least relevant for establishing a duty to warn in product liability?

Effectiveness and feasibility of a warning.

Consumer's prior knowledge of the product's risks. (correct)

Probable seriousness of injuries that could occur.

Potential for an accident when the product is used.

In the context of product liability, which entity is primarily responsible for regulating automobile fuel safety?

CPSC (correct)

FDA

EPA

OSHA

Which of the following statements regarding privity of contract in product sales is accurate?

Privity only exists between the seller and immediate buyer. Signup and view all the answers

What is the primary focus of the certification label required by the Consumer Products Safety Act?

Compliance with safety provisions. Signup and view all the answers

Which scenario necessitates a warning label on consumer products?

The danger is complicated and not easily understood. Signup and view all the answers

What is NOT an essential component of a consumer product warning label?

Contribution to product marketing. Signup and view all the answers

What is the required method for a CSP to submit a formal complaint regarding a safety issue?

Be in writing, notarized, and submitted to BCSP. Signup and view all the answers

As a CSP, if you encounter a design you believe is flawed, what is your most responsible course of action?

Decline to approve due to lack of expertise. Signup and view all the answers

During a safety inspection, you find a serious safety hazard. Which action should be your initial priority?

Notifying the responsible supervisor for immediate corrective action. Signup and view all the answers

Which statement incorrectly defines ethics in a workplace context?

It is purely descriptive and does not influence actions. Signup and view all the answers

When offered a monetary compensation for participating in a HAZOP, what should a CSP consider as the best practice?

Refuse the offer and provide assistance free of charge. Signup and view all the answers

Which of the following actions qualifies as fraud in the context of professional conduct?

All of the above Signup and view all the answers

Which of these is considered a canon of professional conduct for safety professionals?

Hold paramount the safety, health, and welfare of the public Signup and view all the answers

When a safety professional identifies an imminent danger, the most appropriate initial action is to:

Notify the operation supervisor and recommend immediate corrective action Signup and view all the answers

Which factor is least likely to influence ethical decision-making?

Language background Signup and view all the answers

How many points are awarded for attending a two-day professional conference that includes at least 50% safety topics?

1.0 points Signup and view all the answers

What percentage of safety-related content must be present in a conference for certification points to be applicable?

40% Signup and view all the answers

Which of the following is NOT a requirement for a safety professional regarding ethics?

To provide consultation beyond their expertise Signup and view all the answers

When charges of unethical conduct are filed against a Certified Safety Professional, what must be done?

Write them down and send a copy to BCSP and the individual affected Signup and view all the answers

Which of the following statements accurately reflects the responsibilities of a safety professional according to ethical guidelines?

Offering services only within their area of expertise Signup and view all the answers

What is the ethical obligation of a safety professional upon discovering an imminent danger that is not rectified?

To report the situation to OSHA without delay Signup and view all the answers

Which act provides protections for individuals with disabilities in the workplace?

Americans with Disability Act Signup and view all the answers

What does the expression 'res ipsa loquitur' imply in product safety litigation?

Negligence is presumed when an accident occurs that wouldn't happen without someone's fault. Signup and view all the answers

When does the statute of limitations for product liability cases typically start according to recent rulings?

When the injury has occurred. Signup and view all the answers

Which statement about the OSHA Hazard Communication Standard is NOT true?

It obligates employers to provide extensive training to all employees. Signup and view all the answers

What are punitive damages also referred to in tort law?

Exemplary Damages Signup and view all the answers

What indicates an 'Anticipatory Breach of Contract'?

One party indicates they will not perform their contractual duties. Signup and view all the answers

What requirement is NOT a part of the OSHA Hazard Communication Standard?

Ensuring all chemical exposures lead to immediate reporting. Signup and view all the answers

In what context does 'res ipsa loquitur' apply to negligence claims?

It applies to accidents that normally do not occur without negligence. Signup and view all the answers

What type of damages is intended to punish the defendant in a tort case?

Punitive Damages Signup and view all the answers

What is another name for anticipatory breach?

Anticipatory Repudiation Signup and view all the answers

Which term describes protection in contracts related to unforeseen natural disasters?

Force Majeure Signup and view all the answers

What type of contract governs leasing a vehicle between a consumer and a dealership?

Executory Contract Signup and view all the answers

In disability terminology, what condition does 'Quadriplegic' refer to?

Spinal cord injury Signup and view all the answers

Which condition is described by the term 'demented' in disability terminology?

Alzheimer’s disease Signup and view all the answers

What does the term 'epileptic' indicate in disability terminology?

Seizure disorders Signup and view all the answers

Which legal framework protects a company's trade secrets in the U.S.?

Uniform Trade Secrets Act (UTSA) Signup and view all the answers

What key element of a valid contract was violated if one party is misled about the nature of the goods being sold?

Mutual consent of parties Signup and view all the answers

Which of the following is NOT considered an essential element of a valid contract?

Monetary considerations Signup and view all the answers

What can indicate that consent in a contract is not free?

Misrepresentation of terms Signup and view all the answers

Study Notes

Tort Law

Tort denotes a common law civil wrong for which a court provides a remedy.
Tort arises from a general legal duty to avoid causing harm to others.
Tort can arise through acts of omission and/or commission.
Tort does not arise from an explicit promissory agreement between parties.

Product Liability and Duty to Warn

Product liability involves the concept of "duty to warn."
The potential for an accident if the product is used without warning is a criterion for determining a duty to warn.
The probable seriousness of injuries is a criterion for determining a duty to warn.
The effectiveness and feasibility of a warning are criteria for a duty to warn.
Laws, or regulations, applicable to the warning are not a criterion for determining whether there is a duty to warn.

Regulatory Agencies and Safety

The EPA regulates automobile fuel safety.
The CPSC is not involved in regulating car fuel safety.

Privity in Product Liability

Privity exists between a company that sells a product to another company, which in turn sells the product to a consumer.
Privity does not exist between the original seller and the consumer who subsequently buys the product from a retailer.

Consumer Products Safety Act

Manufacturers, distributors, and private labelers of consumer products that are subject to the Consumer Products Safety Act must certify that their products comply with the act's provisions.
The CPSC identification number is not part of a compliance certification label.
A statement of compliance is part of the certification label.
Identification of a manufacturer or distributor is part of the certification label.
Identification of a private labeler is part of the certification label.

Avoiding Product Warning Labels

The need for a product warning label is eliminated if the danger is obvious.

Consumer Product Warning Labels

Warning labels must indicate the potential for harm.
Warning labels must be easily understood (well-communicated).
The manufacturer, distributor, or private labeler is responsible for providing the warning.
The applicable PEL or TLV is not required on consumer product warning labels.

Workers' Rights and Abilities for the Job

Decisions on whether workers can do the job are made using the Americans with Disability Act.

Res Ipsa Loquitur

Res ipsa loquitur is a legal principle where it is assumed a party's injury was caused by another party's negligence.

Product Liability Statute of Limitations

The statute of limitations for product liability cases begins to run when an injury occurs.

OSHA Hazard Communication Standard

The OSHA Hazard Communication Standard addresses hazardous chemicals.
Hazardous chemical manufacturers, importers, or distributors must prepare container labels.
Hazardous chemical manufacturers, importers, or distributors must create Safety Data Sheets (SDSs).
Employers are responsible for providing mandatory training for those who have potential or exposure to hazardous chemicals.

Punitive Damages

Punitive damages are also known as exemplary damages.

Anticipatory Breach of Contract

Anticipatory breach of contract occurs when one party stops performing according to contract terms.
Anticipatory breach can also be known as anticipatory repudiation.

Force Majeure in Contracts

Force majeure clauses provide protection for parties if unforeseen events prevent contract fulfillment.

Executory Contract

A contract for car leasing is classified as executory.

Quadriplegic in Terminology

A quadriplegic is a person with a spinal cord injury.

Demented

A person described as demented usually has Alzheimer's disease.

Epileptic

A person termed epileptic has seizure disorders.

Trade Secrets

The Uniform Trade Secrets Act (UTSA) protects trade secrets.

Valid Contract Element (Offer and Acceptance)

A crucial element of a valid contract is mutual consent of each party.

Essential Elements of a Valid Contract (Money)

Monetary considerations are not an essential element of a valid contract; rather, consideration is a fundamental concept.

Free consent is a fundamental; fraud, misrepresentation, and coercion can invalidate contractual consent.
All three of these can invalidate contract consensus

Professional Conduct (Safety Professionals)

Safety professionals are bound by ethical codes of conduct.
One such code requires them to prioritize public safety, health, and well-being.
The safety professional should be truthful and objective in their public statements.
Safety professionals are expected to act as faithful agents for their employers when performing their services.

Responding to Imminent Danger Hazard:

When a safety professional identifies an imminent hazard, the most appropriate action is to notify the supervisor and recommend corrective actions.

Ethical Decision-Making:

Variables which affect ethical/unethical decision making include stage of moral development and organizational environment.
Language background does not affect ethical/unethical decision making.

Continuance of Certification (COC)

Certified Safety Professionals earn points by attending professional conferences.
Conferences must have at least 50% safety-related material to be eligible.

COC Points for Conferences:

Attending a 2-day professional conference with at least 50% safety-related matter entitles one to 1 COC point.

Safety Professional's Code of Ethics

Following the professional's code of ethics to provide a safe work environment, involves advice and consultation only within their area of expertise.
Ethical conduct means reporting imminent workplace dangers that are not corrected, not providing advice outside expertise and not requesting disciplinary actions for unsafe acts repeatedly

Reporting Unethical Conduct

Reports of unethical conduct against a certified safety professional should be addressed in writing, along with a copy given to the affected individual.

Expert Consultation for Safety Professionals

A certified safety professional should use their expertise in any professional and regulatory duties; they can't take on tasks outside their expertise.

Safety Inspection and Immediate Action

If a safety professional finds a hazard that is immediately dangerous, they should first inform the responsible supervisor and work toward immediate corrective action.
In case of imminent threat, the immediate action should focus on safely mitigating the threat first.

Conflict Between Morality and Law or Ethical conduct:

Legal requirements, religious beliefs, and family/friends' beliefs can sometimes conflict with moral principles.

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Description

This quiz explores key concepts of tort law, including the definitions, criteria for product liability, and the duty to warn. It also touches on regulatory agencies involved in safety matters. Test your knowledge on these important legal principles governing civil wrongs and product safety.