AU 62 Ch.3 Questions with 100% Correct
Answers
In a strict liability case against toothpaste manufacturer Company P, plaintiff Carla
claimed that the toothpaste caused enamel erosion which required her to have extensive
dental procedures to fix her teeth. In a products liability case based on strict liability,
Carla must prove that Company P
Select one:
A. Did not use the utmost care in making the toothpaste.
B. Was aware of the potential for enamel erosion and intended the harm.
C. Made toothpaste that was dangerously defective when it left the manufacturer.
D. Misrepresented the qualities of the toothpaste.
C. Made toothpaste that was dangerously defective when it left the manufacturer.
Colson makes knives and swords as a hobby selling his products on a non-advertised
basis. He does not package his products but does provide a warranty against defects. If
a parent whose child is injured by one of Colson's ever-sharp knives sues Colson under
strict liability, which one of the following statements may be true?
Select one:
A. Colson would be liable because of failure to warn that the knife was sharp and
dangerous.
B. Colson is not liable for harm to a third party.
C. Colson would be strictly liable only if the knife was unreasonably dangerous in
normal use.
D. Knives are generally known to be dangerous instrumentalities and Colson could not
be held liable.
, C. Colson would be strictly liable only if the knife was unreasonably dangerous in normal
use.
Keith created a tennis ball return machine favored by tennis professionals because of
the high velocity of the machine. The speeds of return are random which is clearly
posted on the machine. A 13-year-old tennis player loses his eye in an accident due to a
ball returned at a very high speed. In this situation, the type of product defect that
would most likely lead to a liability suit against Keith is which one of the following?
Select one:
A. Defect in assembly
B. Defect in design
C. Failure to warn
D. Defect in manufacture
C. Failure to warn
Len purchased a lawn roller, and once he put it together and filled it with water he
learned that the water leaked out during use. The gasket was not a proper fit, and the
store or manufacturer would not refund his purchase price or attempt to resolve the
issue. Len's best basis for a lawsuit is which one of the following?
Select one:
A. Failure to warn
B. False advertising
C. Implied warranty of merchantability
D. Negligence
C. Implied warranty of merchantability
Answers
In a strict liability case against toothpaste manufacturer Company P, plaintiff Carla
claimed that the toothpaste caused enamel erosion which required her to have extensive
dental procedures to fix her teeth. In a products liability case based on strict liability,
Carla must prove that Company P
Select one:
A. Did not use the utmost care in making the toothpaste.
B. Was aware of the potential for enamel erosion and intended the harm.
C. Made toothpaste that was dangerously defective when it left the manufacturer.
D. Misrepresented the qualities of the toothpaste.
C. Made toothpaste that was dangerously defective when it left the manufacturer.
Colson makes knives and swords as a hobby selling his products on a non-advertised
basis. He does not package his products but does provide a warranty against defects. If
a parent whose child is injured by one of Colson's ever-sharp knives sues Colson under
strict liability, which one of the following statements may be true?
Select one:
A. Colson would be liable because of failure to warn that the knife was sharp and
dangerous.
B. Colson is not liable for harm to a third party.
C. Colson would be strictly liable only if the knife was unreasonably dangerous in
normal use.
D. Knives are generally known to be dangerous instrumentalities and Colson could not
be held liable.
, C. Colson would be strictly liable only if the knife was unreasonably dangerous in normal
use.
Keith created a tennis ball return machine favored by tennis professionals because of
the high velocity of the machine. The speeds of return are random which is clearly
posted on the machine. A 13-year-old tennis player loses his eye in an accident due to a
ball returned at a very high speed. In this situation, the type of product defect that
would most likely lead to a liability suit against Keith is which one of the following?
Select one:
A. Defect in assembly
B. Defect in design
C. Failure to warn
D. Defect in manufacture
C. Failure to warn
Len purchased a lawn roller, and once he put it together and filled it with water he
learned that the water leaked out during use. The gasket was not a proper fit, and the
store or manufacturer would not refund his purchase price or attempt to resolve the
issue. Len's best basis for a lawsuit is which one of the following?
Select one:
A. Failure to warn
B. False advertising
C. Implied warranty of merchantability
D. Negligence
C. Implied warranty of merchantability
