BUS 215 FINAL || Questions with verified answers.
Product Liability correct answers Where a defective product is placed in a stream of
commerce, the user, consumer, or bystander may bring forth a valid cause of action for
product liability against the manufacturer, seller or retailer
Three Types of Product Liability correct answers Defective Product
Who Can Sue (Plaintiffs)
Who May Be Sued
Three Types of Defective Products correct answers Design
Manufacturing - Something goes wrong in the assembly line
Warning / Label
Who Can Sue correct answers Users
Consumers
Bystanders
Who May Be Sued correct answers Manufacturing
Seller Retailer
What can you sue for?
In the 70s, someone was putting cyanide in baby food and now they redesigned the packaging
so you are able to tell if they had been opened correct answers Product Liability - design
What can you sue for?
Someone took a drink out of their coca cola and drank a finger correct answers Product
Liability - manufacturing
What can you sue for?
Yvettes daughter was eating frosted flakes and their was a dead moth in her cereal correct
answers Product Liability - manufacturing
What can you sue for?
Yvettes husband opened a brand new jar of peanut butter and it was full of maggots correct
answers Product Liability - manufacturing
What can you sue for?
Opening swiss hot chocolate and it was full of ecstasy correct answers Product Liability -
manufacturing
What can you sue for?
Tobacco industry's class action lawsuits without warning on the side of them correct answers
Product Liability - Warning and Label
What can you sue for?
You pick up a prescription at the pharmacy and the pharmacy and the manufacturer both
provide warning labels on the packages of the known dangers involved correct answers
Product Liability - Warning and Label
,What can you sue for?
Lady goes through McDonalds drive through and orders a hot coffee and when she grabs the
coffee and puts it in her lap and it falls in her lap and burns her correct answers she sues for
product liability for warning and label because of how hot they kept it, but she was also able
to sue for fraud because they advertised their coffee was fresh when in fact it wasn't and they
kept it so hot to keep if fresh
Theories to bring forth for a product liability lawsuit correct answers Negligence
Strict Liability
Torts (402 A)
K (contracts)
What can you sue for?
Yvette gets a new laptop and opens up the laptop in front of Shamess and then she plugs it in
and it blows up in both their faces correct answers Both can sue because Shamess was a
bystander and for product liability
Misuse correct answers If you misuse the product you don't get a product liability lawsuit (it
would automatically be dismissed from the court)
Garage Sellers correct answers One time seller, that cannot be sued because they are not the
manufacturer
Take Credit correct answers If a third party takes credit for a manufacturers work then they
would be sued and not the manufacturer
The warning label says that it may only be used on human head hair and you ignore the label
and dye your dog's hair and the dog and human get a rash, and you sue for product liability,
can you do this? correct answers No, misuse
You buy a single seater yamaha and everyone tells you it's a single seater and you tell your
friend to ride on the back with you and they get burned, can you sue for product liability?
correct answers No, misuse
Who can you sue?
There is a mom and pop small diner and you see that it sells homemade clam chowder and
you order it and then you bite into a big shell and you tell the waitress and she says that it is
campbell's soup correct answers you can't sue campbell you sue the diner, but then the diner
can sue campbell to pay you
You buy a laptop from Yvette at a garage sale and then you go home and use it and it blows
up? Can you sue her? correct answers No, she is a garage seller, you sue apple
Wilson v. Johnson Case correct answers I - product liability - design
R - Where a defective product is placed in a stream of commerce, the user, consumer, or
bystander may bring forth a valid cause of action for product liability against the
manufacturer, seller or retailer
A - design was not good
C - court found in his favor for a defect of design
, Contracts correct answers in order to have a valid contract, you must have offer, acceptance,
and consideration OR you must have mutual assent (offer and acceptance) and consideration
Offer and two types correct answers The outward manifestation of present contractual intent
to be bound by certain and definite terms communicated to the offeree
Offeror and Offeree
OfferOR correct answers Is known as the master of his or her offer
OfferEE correct answers The one to whom an offer has been made
Certain and definite terms correct answers Q - quantity term
T - time for performance
I - Interested parties
P - price term
S - valid Subject matter
Ways an offer can be destroyed correct answers Revocation
Rejection
Death of a party
Lapse of time
Destruction of subject matter
Insanity
Revocation correct answers to revoke (take back) something
Only the offeror can revoke something
Rejection correct answers only an offeree can reject an offer
Pure Rejection : offering an alternative (Ex. $9000 instead of $10000)
Death of a party correct answers you can't accept the offer when one of the parties dies (either
offeror or offeree) prior to acceptance
Lapse of time correct answers The offer has a set time and the time passes
Destruction of subject matter correct answers Ex. Sydney offers Yvette her horse by 12pm
for $80K but unbeknownst the horse died prior before Yvette accepting
Insanity correct answers Ex. Yvette offered to sell you her house for $10000 and she has not
been taking her meds so she is not herself. And when you come to buy her house, she is
signing over the title and her husband stops her. this is insanity.
Open Contract correct answers a contract designed to keep an offer open, supported with
good and or valuable consideration (something given up on both sides)
Acceptance correct answers the unqualified, unequivocal (there is a variance of something)
assent to the terms of the offer
Mirror image correct answers doesn't vary the terms of the offer presented
Product Liability correct answers Where a defective product is placed in a stream of
commerce, the user, consumer, or bystander may bring forth a valid cause of action for
product liability against the manufacturer, seller or retailer
Three Types of Product Liability correct answers Defective Product
Who Can Sue (Plaintiffs)
Who May Be Sued
Three Types of Defective Products correct answers Design
Manufacturing - Something goes wrong in the assembly line
Warning / Label
Who Can Sue correct answers Users
Consumers
Bystanders
Who May Be Sued correct answers Manufacturing
Seller Retailer
What can you sue for?
In the 70s, someone was putting cyanide in baby food and now they redesigned the packaging
so you are able to tell if they had been opened correct answers Product Liability - design
What can you sue for?
Someone took a drink out of their coca cola and drank a finger correct answers Product
Liability - manufacturing
What can you sue for?
Yvettes daughter was eating frosted flakes and their was a dead moth in her cereal correct
answers Product Liability - manufacturing
What can you sue for?
Yvettes husband opened a brand new jar of peanut butter and it was full of maggots correct
answers Product Liability - manufacturing
What can you sue for?
Opening swiss hot chocolate and it was full of ecstasy correct answers Product Liability -
manufacturing
What can you sue for?
Tobacco industry's class action lawsuits without warning on the side of them correct answers
Product Liability - Warning and Label
What can you sue for?
You pick up a prescription at the pharmacy and the pharmacy and the manufacturer both
provide warning labels on the packages of the known dangers involved correct answers
Product Liability - Warning and Label
,What can you sue for?
Lady goes through McDonalds drive through and orders a hot coffee and when she grabs the
coffee and puts it in her lap and it falls in her lap and burns her correct answers she sues for
product liability for warning and label because of how hot they kept it, but she was also able
to sue for fraud because they advertised their coffee was fresh when in fact it wasn't and they
kept it so hot to keep if fresh
Theories to bring forth for a product liability lawsuit correct answers Negligence
Strict Liability
Torts (402 A)
K (contracts)
What can you sue for?
Yvette gets a new laptop and opens up the laptop in front of Shamess and then she plugs it in
and it blows up in both their faces correct answers Both can sue because Shamess was a
bystander and for product liability
Misuse correct answers If you misuse the product you don't get a product liability lawsuit (it
would automatically be dismissed from the court)
Garage Sellers correct answers One time seller, that cannot be sued because they are not the
manufacturer
Take Credit correct answers If a third party takes credit for a manufacturers work then they
would be sued and not the manufacturer
The warning label says that it may only be used on human head hair and you ignore the label
and dye your dog's hair and the dog and human get a rash, and you sue for product liability,
can you do this? correct answers No, misuse
You buy a single seater yamaha and everyone tells you it's a single seater and you tell your
friend to ride on the back with you and they get burned, can you sue for product liability?
correct answers No, misuse
Who can you sue?
There is a mom and pop small diner and you see that it sells homemade clam chowder and
you order it and then you bite into a big shell and you tell the waitress and she says that it is
campbell's soup correct answers you can't sue campbell you sue the diner, but then the diner
can sue campbell to pay you
You buy a laptop from Yvette at a garage sale and then you go home and use it and it blows
up? Can you sue her? correct answers No, she is a garage seller, you sue apple
Wilson v. Johnson Case correct answers I - product liability - design
R - Where a defective product is placed in a stream of commerce, the user, consumer, or
bystander may bring forth a valid cause of action for product liability against the
manufacturer, seller or retailer
A - design was not good
C - court found in his favor for a defect of design
, Contracts correct answers in order to have a valid contract, you must have offer, acceptance,
and consideration OR you must have mutual assent (offer and acceptance) and consideration
Offer and two types correct answers The outward manifestation of present contractual intent
to be bound by certain and definite terms communicated to the offeree
Offeror and Offeree
OfferOR correct answers Is known as the master of his or her offer
OfferEE correct answers The one to whom an offer has been made
Certain and definite terms correct answers Q - quantity term
T - time for performance
I - Interested parties
P - price term
S - valid Subject matter
Ways an offer can be destroyed correct answers Revocation
Rejection
Death of a party
Lapse of time
Destruction of subject matter
Insanity
Revocation correct answers to revoke (take back) something
Only the offeror can revoke something
Rejection correct answers only an offeree can reject an offer
Pure Rejection : offering an alternative (Ex. $9000 instead of $10000)
Death of a party correct answers you can't accept the offer when one of the parties dies (either
offeror or offeree) prior to acceptance
Lapse of time correct answers The offer has a set time and the time passes
Destruction of subject matter correct answers Ex. Sydney offers Yvette her horse by 12pm
for $80K but unbeknownst the horse died prior before Yvette accepting
Insanity correct answers Ex. Yvette offered to sell you her house for $10000 and she has not
been taking her meds so she is not herself. And when you come to buy her house, she is
signing over the title and her husband stops her. this is insanity.
Open Contract correct answers a contract designed to keep an offer open, supported with
good and or valuable consideration (something given up on both sides)
Acceptance correct answers the unqualified, unequivocal (there is a variance of something)
assent to the terms of the offer
Mirror image correct answers doesn't vary the terms of the offer presented
