1) Mental distress and pain and suffering are examples of noneconomic damages.

True

False

2) Harry is a 93-year-old man dying of lung cancer. He is suing the cigarette manufacturers for product liability. The defendants are arguing that even if their product was defective, Harry assumed the risk of his injury by choosing to begin and then continue smoking cigarettes. Harry argues that the cigarette manufacturers did not warn him of the risk of smoking although they knew of it at the time he began smoking in 1944, and that nicotine is physically addictive, so by the time that the defendants began adding warning labels in 1070, he was already addicted to cigarettes. These arguments are most relevant to the issue of whether

A.Harry voluntarily assumed the risk of injury.

B.Harry suffered damages.

C.Harry knew or should have known there was a risk.

D.Harry was owed a duty.

3) The owner of Caf Coffee Daydeclares that his restaurant makes the world's best cup of coffee, this is an example of an express warranty.

True

False

4) The Elle Corporation manufactures fingernail polish. Suzy buys a container of Elle's fingernail polish, applies it to her nails, a nd suffers a severe allergic reaction. She sues Elle under the implied warranty of merchantability. The test for determining whether Suzy will recover is whether:

A.the nail polish she bought was suitable for the needs of the average consumer.

B.the nail polish she bought properly performed its function of coloring one's nails.

C.such a reaction in an appreciable number of consumers was reasonably foreseeable.

D.the ingredient causing the reaction was foreign to the nail polish or natural to it.

5) In order to recover for breach of an express warranty, a plaintiff must show that:

A.the warranty was part of the basis of the bargain.

B.the seller gave a sample or model of the goods.

C.the warranty was in writing.

D.the warranty uses the words "warrant" or "guarantee".

6) Mr. Green goes to Dick's Sporting Goods to purchase a treadmill. Mr. Green tells the salesman at Dick's that he is a marathon runner and he wants to purchase the treadmill to run inside on days when there is bad weather and he can't run outside. The salesman, Bob, recommends the XYZ Treadmill to Mr. Green, even though he knows that the XYZ treadmill does not allow for speeds faster than walking. Mr. Green purchases the treadmill. When he discovers he cannot run on the XYZ treadmill, Mr. Green should be able to recover his purchase money or receive a different machine. Which of the following product liability theories gives Mr. Green his best chance of recovery?

A.Breach of implied warranty of merchantability.

B.Breach of express warranty.

C.Product liability.

D.Breach of implied warranty of fitness for a particular purpose.