Question 1 (1 point) Saved What is the difference between negligence claims for product defects, and strict liability claims? Question 1 options: a) Negligence claims
Question 1 (1 point)
Saved
What is the difference between negligence claims for product defects, and strict liability claims?
Question 1 options:
a)
Negligence claims focus on the condition of the product. Strict liability claims focus on the conduct the defendant.
b)
Negligence claims focus on the conduct the defendant. Strict liability claims focus on the condition of the product.
c)
Negligence claims require actual and proximate causation. Strict liability claims do not.
d)
Negligence claims have defenses of comparative negligence and assumption of the risk. Strict liability claims do not.
Question 2 (1 point)
Paul is harmed when he places some food in a Pyrex bowl in the microwave and the bowl explodes. What would Paul have to prove to be successful in a strict liability manufacturing defect claim?
Question 2 options:
a)
He would have to prove that the bowl was designed incorrectly.
b)
He would have to prove that the bowl was manufactured in a way that departed from its intended design.
c)
He would have to prove that the manufacture knew of the risks of the bowl exploding in the microwave.
d)
He would have to prove that the defendant failed to use due care in making the bowl.
Question 3 (1 point)
Which test do courts use to for strict liability design defect claims?
Question 3 options:
a)
Consumer expectations.
b)
Risk/utility.
c)
Hybrid or dual standard that includes both consumer expectations and risk/utility.
d)
All of the above.
Question 4 (1 point)
Which of the following is true about the consumer expectations test?
Question 4 options:
a)
It looks at whether the danger of a product is beyond what a reasonable consumer with ordinary knowledge about the product would expect.
b)
It looks at whether the danger of a product outweighs the usefulness of the product.
c)
It looks at whether the danger of a product is beyond what an experienced consumer with specialized knowledge about the product would expect.
d)
It looks at whether the danger of a product is beyond what a reasonable child consumer with ordinary knowledge about the product would expect.
Question 5 (1 point)
Which of the following is used as a factor in the risk/utility test in a strict liability claim?
Question 5 options:
a)
Whether the defendant used due care in making the product.
b)
Whether the defendant used due care in designing the product.
c)
Whether there are reasonable alternative designs.
d)
All of the above.
Question 6 (1 point)
When does a manufacturer have to warn about risks from a product they manufacture?
Question 6 options:
a)
When the risk is obvious.
b)
When the manufacturer knows or should know of the risk and the risk is not obvious to a reasonable consumer.
c)
When a plaintiff is harmed by a product the manufacturer.
d)
All the above.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance