LES 305 Exam 3 Terms questions with
100% correct answers
Implied warranty of merchantability - correct answer ✔✔A warranty that the goods are of average
quality/fit for ordinary purposes; given in every sale of goods by a merchant
Corrective advertising - correct answer ✔✔FTC remedy that requires a company to run ads explaining
previous deceptive ads or run new statement in future ads
Consent decree - correct answer ✔✔For administrative agencies, a type of plea bargain; a settlement
document for an administrative agency's charges
contributory negligence - correct answer ✔✔Negligence defense that bars an injured party from
recovering any damages if the injured party acted in a negligent way and contributed to her own injuries
Caveat Emptor - correct answer ✔✔Latin term for "let the buyer beware"
(what the court initially followed-- no liability for seller)
Bait and switch - correct answer ✔✔term given to advertising technique in which a low-price product is
advertised and then the customer is told that the product is unavailable or is talked into a high-priced
product; prohibited by the FTC
Express warranty - correct answer ✔✔Expressed promise by seller as to the quality, abilities, or
performance of a product (ex/preshrunk fabric-- will not shrink)
Unconscionable - correct answer ✔✔A defense to an otherwise valid contract is grossly unfair to one
side in the contract
Assumption of risk - correct answer ✔✔Defense in negligence cases that prevents an injured party from
recovering if it can be established that the injured party realized the risk and engaged in the conduct
anyway
, Implied Warranty of fitness for a particular purpose - correct answer ✔✔Warranty given by seller to
buyer that promises goods will meet the buyer's specified needs
Strict liability - correct answer ✔✔Liability without fault
design vs. manufacturing defect - correct answer ✔✔design: exposes user to unnecessary risks
manufacturing: deviated from specifications
strict tort liability - correct answer ✔✔defendant had duty to manufacture a reasonably safe
product/was in the business of selling or manufacturing product. the duty was breached-- breach cause
plaintiff's injury, foreseeable that defect will cause injury--> plaintiff had property or physical damages
-- privity not needed
defenses to product liability - correct answer ✔✔misuse of abnormal use
contributory negligence; complete defense, some states have comparative
assumption of risk--> aware of danger/does anyway-- defense to L
negligence - correct answer ✔✔same elements as strict tort liability plus prior knowledge of defective
condition; punitive damages if plaintiff can show manufacturer/seller knew of defect
Federal Trade Commission (FTC) - correct answer ✔✔Federal agency responsible for regulation of unfair
and deceptive trade practices, including deceptive advertisements
- requires corrective advertising when unsubstantiated claims have been made
Misuse - correct answer ✔✔In product liability, a defense based on the plaintiff's failure to follow
instructions or use of a product for improper purposes
Comparative negligence - correct answer ✔✔In negligence, a defense that allocates responsibility for an
accident between the plaintiff and defendant when both were negligent and allocated recovery in
proportion to liability
100% correct answers
Implied warranty of merchantability - correct answer ✔✔A warranty that the goods are of average
quality/fit for ordinary purposes; given in every sale of goods by a merchant
Corrective advertising - correct answer ✔✔FTC remedy that requires a company to run ads explaining
previous deceptive ads or run new statement in future ads
Consent decree - correct answer ✔✔For administrative agencies, a type of plea bargain; a settlement
document for an administrative agency's charges
contributory negligence - correct answer ✔✔Negligence defense that bars an injured party from
recovering any damages if the injured party acted in a negligent way and contributed to her own injuries
Caveat Emptor - correct answer ✔✔Latin term for "let the buyer beware"
(what the court initially followed-- no liability for seller)
Bait and switch - correct answer ✔✔term given to advertising technique in which a low-price product is
advertised and then the customer is told that the product is unavailable or is talked into a high-priced
product; prohibited by the FTC
Express warranty - correct answer ✔✔Expressed promise by seller as to the quality, abilities, or
performance of a product (ex/preshrunk fabric-- will not shrink)
Unconscionable - correct answer ✔✔A defense to an otherwise valid contract is grossly unfair to one
side in the contract
Assumption of risk - correct answer ✔✔Defense in negligence cases that prevents an injured party from
recovering if it can be established that the injured party realized the risk and engaged in the conduct
anyway
, Implied Warranty of fitness for a particular purpose - correct answer ✔✔Warranty given by seller to
buyer that promises goods will meet the buyer's specified needs
Strict liability - correct answer ✔✔Liability without fault
design vs. manufacturing defect - correct answer ✔✔design: exposes user to unnecessary risks
manufacturing: deviated from specifications
strict tort liability - correct answer ✔✔defendant had duty to manufacture a reasonably safe
product/was in the business of selling or manufacturing product. the duty was breached-- breach cause
plaintiff's injury, foreseeable that defect will cause injury--> plaintiff had property or physical damages
-- privity not needed
defenses to product liability - correct answer ✔✔misuse of abnormal use
contributory negligence; complete defense, some states have comparative
assumption of risk--> aware of danger/does anyway-- defense to L
negligence - correct answer ✔✔same elements as strict tort liability plus prior knowledge of defective
condition; punitive damages if plaintiff can show manufacturer/seller knew of defect
Federal Trade Commission (FTC) - correct answer ✔✔Federal agency responsible for regulation of unfair
and deceptive trade practices, including deceptive advertisements
- requires corrective advertising when unsubstantiated claims have been made
Misuse - correct answer ✔✔In product liability, a defense based on the plaintiff's failure to follow
instructions or use of a product for improper purposes
Comparative negligence - correct answer ✔✔In negligence, a defense that allocates responsibility for an
accident between the plaintiff and defendant when both were negligent and allocated recovery in
proportion to liability
