Tort Law and Product Liability
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Questions and Answers

Which statement regarding tort is incorrect?

  • Tort arises from a generalized legal duty to avoid causing harm to others.
  • Tort can arise through acts of omission, as well as commission.
  • Tort arises from an explicit promissory agreement between the parties to the action. (correct)
  • Tort denotes a common law civil wrong for which a court will provide a remedy.
  • Which of the following is not considered when determining the existence of a duty to warn?

  • Potential for an accident when the product is used without warning.
  • Probable seriousness of injuries.
  • Laws or regulations applicable to the warning. (correct)
  • Effectiveness and feasibility of a warning.
  • Which agency regulates the safety of automobile fuels?

  • OSHA
  • CPSC (correct)
  • DOT
  • EPA
  • In a transaction where Company A sells to Company B, which entity does 'privity' exist between?

    <p>Company A and Company B. (B)</p> Signup and view all the answers

    Which item is NOT part of the certification label required by the Consumer Products Safety Act?

    <p>CPSC Identification number. (D)</p> Signup and view all the answers

    Which situation eliminates the need for a consumer product warning label?

    <p>The danger is obvious. (D)</p> Signup and view all the answers

    Which statement about consumer product warning labels is incorrect?

    <p>The applicable PEL or TLV must be indicated. (C)</p> Signup and view all the answers

    Which act primarily addresses the rights of individuals with disabilities?

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

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

    <p>Negligence can be inferred from the nature of the accident. (C)</p> Signup and view all the answers

    When does the product liability statute of limitations begin to apply?

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

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

    <p>Employers must provide extensive training to all employees. (C)</p> Signup and view all the answers

    What are punitive damages also referred to as in tort law?

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

    What is the definition of 'Anticipatory Breach of Contract'?

    <p>Indicating an intent not to fulfill terms in advance. (C)</p> Signup and view all the answers

    What is the correct initial action for a CSP upon discovering a corroded pipe carrying a highly toxic chemical?

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

    Which of the following actions is appropriate when conducting a HAZOP as a CSP?

    <p>Reject the monetary offer and provide services free of charge. (B)</p> Signup and view all the answers

    Which of the following acts are focused mainly on workplace safety and health?

    <p>Occupational Safety and Health Act (B)</p> Signup and view all the answers

    Which statement about ethics is NOT true?

    <p>It solely focuses on the description of moral and ethical facts. (C)</p> Signup and view all the answers

    Which warranty is defined as needing no written expression to be valid?

    <p>Implied warranty (D)</p> Signup and view all the answers

    The term 'exemplary damages' is synonymous with which of the following?

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

    What should a CSP do when reviewing a pressure vessel design that they feel unqualified to approve?

    <p>Inform the company that the job is beyond their expertise. (C)</p> Signup and view all the answers

    When writing a formal complaint, which of the following steps is required?

    <p>Be in writing and submitted to the relevant authorities. (B)</p> Signup and view all the answers

    Which of the following actions is NOT considered a form of unethical behavior?

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

    Which of the following is NOT one of the canons of professional conduct set by the Board of Certified Safety Professionals?

    <p>Perform safety, health, and environmental services in all related areas. (A)</p> Signup and view all the answers

    What is the MOST appropriate action for a safety professional upon discovering an imminent danger hazard?

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

    Which factor does NOT typically affect ethical decision making?

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

    What is the minimum percentage of safety-related materials required for conference attendance to earn COC points?

    <p>50% (A)</p> Signup and view all the answers

    How many COC points can be earned for attending a 2-day professional conference with at least 50% safety content?

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

    Which statement is true regarding a safety professional who follows the profession’s code of ethics?

    <p>Advise only in areas within his/her expertise. (A)</p> Signup and view all the answers

    What is the required procedure for submitting charges of unethical conduct against a Certified Safety Professional?

    <p>Submit to BCSP in writing with a copy sent to the affected individual. (C)</p> Signup and view all the answers

    What is NOT an ethical consideration for safety professionals in decision-making?

    <p>Compensation structures at workplace (C)</p> Signup and view all the answers

    Which of the following actions would violate the ethical standards expected of safety professionals?

    <p>Providing false information to OSHA. (A)</p> Signup and view all the answers

    What is another term for anticipatory breach?

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

    What term is used in contracts for protection against natural catastrophes?

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

    What type of contract is formed when a consumer leases a car from a dealership?

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

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

    <p>A spinal cord injury (D)</p> Signup and view all the answers

    What condition is referenced by the term 'demented' in disability terminology?

    <p>Alzheimer's disease (A)</p> Signup and view all the answers

    What does the term 'epileptic' describe?

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

    Which legal framework is in place to protect a company's trade secrets in the U.S.?

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

    What element of a valid contract is violated when a buyer is misled about the item being sold?

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

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

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

    Which factor can lead to consent not being considered free in a contract?

    <p>Misrepresentation (B)</p> Signup and view all the answers

    Flashcards

    What is tort?

    Tort law refers to civil wrongs that cause harm to others. It can be intentional or unintentional and usually leads to court-ordered remedies to compensate the harmed party.

    What is the 'duty to warn' in product liability?

    A duty to warn is a legal obligation placed on manufacturers to inform consumers about potential dangers associated with their products. This duty arises when the product can cause harm if used without proper warnings.

    What is 'privity' in a product liability case?

    Privity exists when there is a direct, contractual relationship between two parties in a business transaction. For example, a manufacturer selling directly to a retailer has privity with the retailer but not with the end consumer who buys the product from the retailer.

    What is the Consumer Products Safety Act (CPSA)?

    The Consumer Products Safety Act (CPSA) is a federal law that aims to protect consumers from hazardous products. It requires manufacturers, distributors, and private labelers to certify their products comply with safety standards.

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    When is a consumer product warning label not required?

    A warning label is required for products that pose a danger to consumers. However, a label is not needed if the danger posed by the product is obvious and easily recognizable to consumers.

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    What are the essential components of a consumer product warning label?

    The warning label must accurately convey the potential harm, be easily understood by consumers, and be provided by the manufacturer, distributor, or private labeler. The warning label must not contain information that is not directly relevant to the potential hazard.

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    Which agency regulates workplace safety standards?

    OSHA (Occupational Safety and Health Administration) is the agency responsible for ensuring safe working conditions for employees. OSHA sets standards and enforces regulations to minimize workplace hazards.

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    OSHA

    A federal law that sets safety and health standards for workplaces to protect employees.

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    Res Ipsa Loquitur

    The legal doctrine stating that a person’s injury was likely caused by negligence, as the accident would normally not occur without negligence.

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    Tort Law

    A type of civil lawsuit where plaintiffs can request financial compensation from defendants for a civil wrong.

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    Punitive Damages

    A type of damage awarded in a lawsuit to punish the defendant and discourage similar behavior in the future.

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    Anticipatory Breach of Contract

    A situation where a party to a contract indicates they won't fulfill their obligations, leading the other party to consider the contract broken.

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    Americans with Disabilities Act (ADA)

    A federal law protecting individuals with disabilities from discrimination in various aspects of life, including employment, public services, and public accommodations.

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    Statute of Limitations

    The timeframe within which a lawsuit must be filed after an event occurs.

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    Product Liability Litigation

    A type of lawsuit involving a defective product and the harm it causes to a consumer.

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    Safety Data Sheet (SDS)

    A document that provides detailed information about the hazards of a chemical, along with safety precautions and handling procedures.

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    CSP Approving Designs

    A CSP (Certified Safety Professional) should refuse to provide design approval if it is outside their expertise, as this could lead to potential safety risks.

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    CSP's First Step in a Hazard

    In a hazardous situation, a CSP's primary obligation is to inform the supervisor immediately for immediate corrective action.

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    Ethics: What's it all about?

    Ethics involves understanding right from wrong, developing moral principles, and guiding human behavior.

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    CSP's Role in HAZOP

    A CSP should not accept payment for participating in a HAZOP study conducted by an outside contractor, as it creates a conflict of interest.

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    CSP Accepting Payment for HAZOP

    A CSP should refuse any monetary offer for providing expert services during a HAZOP study conducted by an outside contractor as such offer creates a conflict of interest.

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    Fraud

    A deliberate act intended to deceive someone for personal gain.

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    Misrepresentation

    A false statement made to induce someone to act to their detriment.

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    Coercion

    Using force or pressure to make someone act against their will.

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    Canons of Professional Conduct for Safety Professionals

    Holding paramount the safety, health, and welfare of the public. Issuing public statements only in an objective and truthful manner. Acting for each employer or client as faithful agents or trustees.

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    Imminent Danger Hazard

    The safety professional must take immediate action to correct the hazard and prevent harm.

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    Stage of Moral Development

    Moral development is the process by which an individual learns to distinguish right from wrong and develops a sense of responsibility. Different stages of moral development can influence how someone makes ethical decisions.

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    Locus of Control

    The level of control an individual believes they have over their own actions, which can affect their ethical choices.

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    Safety Related Professional Conference

    A professional conference where at least 50% of the content is related to safety.

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    Continuance of Certification (COC) Points

    Attending a safety-related conference can earn you 'Continuance of Certification' points, which are required to maintain your professional certification.

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    Ethical Conduct of a Safety Professional

    The highest priority of a safety professional is to provide a safe work environment, while always staying within the scope of their expertise.

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    Anticipatory Breach

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

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    Force Majeure

    A legal doctrine that allows a party to be released from contractual obligations due to unforeseen events that make performance impossible or fundamentally different.

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    Executory Contract

    A type of contract where both parties have yet to fulfill their obligations. For instance, a car lease contract where the buyer has not fully paid and the seller hasn't fully transferred ownership.

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    Quadriplegic

    A situation where a person has limited use of their arms and legs due to a spinal cord injury.

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    Dementia

    A condition that affects a person's cognitive abilities, often characterized by memory loss, confusion, and behavioral changes. It can be caused by various factors, including Alzheimer's disease.

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    Epileptic

    A neurological disorder characterized by recurring seizures.

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    Uniform Trade Secrets Act (UTSA)

    A legal framework in the US that protects a company's confidential information from unauthorized use or disclosure.

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    Mutual Consent

    A core element of a valid contract. It ensures that both parties have a shared understanding of the agreement and its terms.

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    Monetary Considerations

    An element that is NOT required for a contract to be valid. Contracts can be enforceable even without monetary considerations if other elements are present.

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    Free Consent

    One of the essential elements of a valid contract. It means the consent given by parties must be genuine and not influenced by factors like coercion, fraud, or undue influence.

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    Study Notes

    Tort Law

    • Tort denotes a common law civil wrong, for which a court provides a remedy.
    • Tort arises from a generalized legal duty to avoid causing harm to others.
    • Tort can result from acts of omission as well as commission.
    • Tort does not arise from an explicit promissory agreement between parties.

    Product Liability and Duty to Warn

    • Potential for accident (without warning) is a criterion for determining a "duty to warn".
    • Probable seriousness of injuries is a criterion for determining a "duty to warn".
    • Effectiveness and feasibility of a warning is a criterion for determining a "duty to warn".
    • Laws or regulations applicable to the warning are not a criterion for determining a "duty to warn".

    Regulatory Agencies

    • EPA (Environmental Protection Agency) regulates automobile fuel safety.
    • OSHA (Occupational Safety and Health Administration) is not involved in regulating automobile fuel safety.
    • DOT (Department of Transportation) is not involved in regulating automobile fuel safety.
    • CPSC (Consumer Product Safety Commission) is not involved in regulating automobile fuel safety.

    Privity in Product Liability

    • Privity exists between a manufacturer and the immediate purchaser who resold the product.

    Consumer Product Safety Act

    • CPSC identification numbers are not part of certification label requirements for consumer products under the Consumer Product Safety Act.
    • A statement of compliance is part of the certification label under the Consumer Product Safety Act.
    • Identification of the manufacturer/distributor is part of the certification label.
    • Identification of the private labeler is part of the certification label.

    Consumer Product Warning Labels

    • A warning label is not needed if the danger is obvious.
    • A warning label is needed if the potential for harm is foreseeable.
    • Warning labels must be effectively communicated.
    • The manufacturer/distributor/private labeler is responsible for the provision of the product warning label.

    Workers' Rights

    • Decisions about worker ability for job tasks need to comply with the Americans With Disabilities Act.

    Res Ipsa Loquitur

    • "Res ipsa loquitur" is when injury is assumed to result from negligence, which would not normally occur unless someone was negligent.

    Product Liability Statute of Limitations

    • The statute of limitations for product liability cases starts when an injury occurs.

    OSHA Hazard Communication Standard

    • The OSHA Hazard Communication Standard (29 CFR 1910.1200) deals with hazardous chemicals.
    • The standard requires chemical manufacturers/importers/distributors to create container labels.
    • The standard requires chemical manufacturers/importers/distributors to create Safety Data Sheets (SDS).
    • The standard does not specify 40 hours of training as a requirement.

    Punitive Damages

    • Punitive damages are also known as exemplary damages.

    Contract Breach

    • Anticipatory breach of contract occurs when one party stops performing their contractual duties due to the belief that the other party does not intend to fulfill their contractual duties.
    • Anticipatory breach is also known as anticipatory repudiation.

    Contract Protection

    • Force majeure is a term used in contracts and insurance policies to protect parties if the terms of the contract cannot be fulfilled due to natural and unavoidable catastrophes.

    Types of Contracts

    • The contract between a consumer and a car dealership for leasing a car is called an executory contract.

    Disability Terminology

    • "Quadriplegic" refers to a person with a spinal cord injury.
    • "Demented" refers to a person with Alzheimer's disease.
    • "Epileptic" refers to a person with seizure disorders.

    Trade Secrets

    • The Uniform Trade Secrets Act (UTSA) protects trade secrets.
    • Misappropriation of Trade Secrets Act (MTSA) also regulates trade secrets.
    • Federal Trade Secrets Protection Act (FTPSA) does not protect trade secrets.

    Contract Elements

    • Mutual consent of parties is a requirement for a valid contract.
    • Monetary considerations are not an essential element of a valid contract.
    • Free consent of parties is another essential element of a valid contract.
    • Offer and acceptance are essential elements of a valid contract.
    • Lack of fraud, misrepresentation, and coercion are essential for free consent.

    Safety Professional Conduct

    • The principle of holding safety, health, and public welfare paramount is a key ethical canon for certified safety professionals.
    • Objectivity and truthfulness are crucial when issuing public statements.
    • Acting as a faithful agent or trustee is essential in representing clients' interests.
    • Contacting OSHA with imminent workplace danger that has not been addressed is a major ethical duty.

    Ethical Conduct

    • Reporting unethical behavior to the proper authority is important.
    • Ethically relevant behavior is determined by expertise, rather than making sure everyone follows rules.

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