BADM 300- Chapter 13 Exam Questions with Correct Answers
Question 1:
Development of Strict Liability
Answer:
Strict Liability is based on "abnormally dangerous", ultra
Question 2:
Defendant's liability for strict liability is without regard to:
-Fault
-Foreseeability
-Standard of Care
Answer:
hazardous activities.
-Causation
Question 3:
Other Applications for Strict Liability
-Owners keeping wild animals are strictly liable for injuries.
Answer:
Wild Animals:
Question 4:
-Persons who keep domestic animals are liable if the owner knew or should have known that
the animal was dangerous. Product Liability EXAMPLE:
Answer:
Privity of Contract is not required to due for damages.
Question 5:
Liability extends to any person's injuries caused by a negligently made (defective product). C
can sue A even though no privity of contract.
Answer:
B sells bike to C. Bike has a design defect that causes injury to C.
, Question 6:
Product Liability Legal Theories
-Misrepresentation
Answer:
-Negligence
-Strict Liability
Question 7:
Product Liability: Negligence
Answer:
Claim based on a manufacturer's breach of the reasonable standard of DUTY OF CARE in making
the product safe.
Question 8:
Duty of Care
-Design
-Materials
-Production process
-Assembling
-Testing
-Adequate warnings
Answer:
Must be Exercised in the product's:
-Inspection
Question 9:
To Prove Negligence, the Plaintiff must still prove:
-Cause (cause in fact, proximate cause)
Answer:
-Breach
-Damages
Question 10:
Product Liability: Misrepresentation (Fraud) (Intentional mislabeling of packaged cosmetics) of
buyer
-Intended buyer to rely on misrepresentation
Question 1:
Development of Strict Liability
Answer:
Strict Liability is based on "abnormally dangerous", ultra
Question 2:
Defendant's liability for strict liability is without regard to:
-Fault
-Foreseeability
-Standard of Care
Answer:
hazardous activities.
-Causation
Question 3:
Other Applications for Strict Liability
-Owners keeping wild animals are strictly liable for injuries.
Answer:
Wild Animals:
Question 4:
-Persons who keep domestic animals are liable if the owner knew or should have known that
the animal was dangerous. Product Liability EXAMPLE:
Answer:
Privity of Contract is not required to due for damages.
Question 5:
Liability extends to any person's injuries caused by a negligently made (defective product). C
can sue A even though no privity of contract.
Answer:
B sells bike to C. Bike has a design defect that causes injury to C.
, Question 6:
Product Liability Legal Theories
-Misrepresentation
Answer:
-Negligence
-Strict Liability
Question 7:
Product Liability: Negligence
Answer:
Claim based on a manufacturer's breach of the reasonable standard of DUTY OF CARE in making
the product safe.
Question 8:
Duty of Care
-Design
-Materials
-Production process
-Assembling
-Testing
-Adequate warnings
Answer:
Must be Exercised in the product's:
-Inspection
Question 9:
To Prove Negligence, the Plaintiff must still prove:
-Cause (cause in fact, proximate cause)
Answer:
-Breach
-Damages
Question 10:
Product Liability: Misrepresentation (Fraud) (Intentional mislabeling of packaged cosmetics) of
buyer
-Intended buyer to rely on misrepresentation