1. Dura Car manufactures automobile. One of their cars had a defective fuel pump that ignited and injured a consumer. The consumer filed product liability lawsuit against Dura Car based on a theory of strict liability. Dura Car will win if it can demonstrate that they took _______________ care in manufacturing and selling the car.

a. due

b. reasonable

c. all possible

d. none of the above

Why?

2. Chris bites into a candy bar and chips his tooth. Turns out a small rock was imbedded in the candy. If Chris files a product liability lawsuit against the candy bar manufacturer based on a misrepresentation theory, he:

a. may win under a breach of implied warranty theory.

b. can only win if the candy bar label stated that the candy bar was "rock-free", i.e., there was an express warranty.

Why?

3. Misty wants to get an awesome tan so she spreads Crisco cooking oil all over her body and suns herself in her backyard for three hours. Misty ends up with severe burns all over her body and files a lawsuit against the Crisco manufacturer. Based on these facts:

a. Misty cannot win because she is an idiot.

b. Misty may win if a court finds that using Crisco in this manner was a foreseeable misuse.

c. Misty cannot win because she misused the product.

d. Misty may win if a court finds that using Crisco in this manner was an unforeseeable misuse.

e. Misty cannot win because she was contributorily negligent.

Why?

4. Jake buys a gun directly from a gun manufacturer. One day while Jake is engaging in some target practice, he shoots his next-door, Molly, neighbor in the toe. If Molly files a lawsuit against the gun manufacturer under a strict liability theory, she:

a. will lose because she did not purchase the product from the gun manufacturer; only Jake can successfully sue.

b. may win.

c. will lose because the elements necessary to prevail under a strict liability theory will not be satisfied.

d. will win because guns are dangerous.

Why?

5. Erin and Tim decided to paint their bathroom. They purchase Duron Premium Plus Paint. Six months after painting the bathroom, they notice mold and mildew on all the walls and ceiling. They call the company and the company informs them that they had purchased the wrong paint and that they should not use Plus paint in moist areas. The paint did not include a warning about moist areas. The mold and mildew caused $1,000 of damages to their home. If Erin and Tim file a strict liability claim, they will be unable to prevail unless they also suffered physical injury.

a. true.

b. false.

Why?