Tort Law Quiz Chapter 11

Name:

True/False
Indicate whether the statement is true or false.

The parties in strict products liability cases include the manufacturer, retailer, wholesaler,
and ultimate user.

In strict products liability, the product must have a defect of some sort.

Under strict products liability, the manufacturer or seller need not be in the business of
selling products such as the defective item that caused the injury.

Contributory negligence is generally not a defense in strict products liability cases.

If the ultimate user fails to properly maintain a product, then he or she cannot recover under
strict products liability for injuries.

Under strict products liability, there must be privity of contract for the plaintiff to recover.

Under strict products liability, in order for the plaintiff to recover, the product cannot be
substantially changed from the time it left the manufacturer or seller until it reached the
ultimate user.

Assumption of risk is not a defense to strict products liability.

In strict products liability cases, the ultimate user must be the original purchaser of the
defective product.

10.

For the plaintiff to recover under strict products liability, the defective product must be
unreasonably dangerous.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

11.

Which of the following is not a party to a products liability lawsuit?

a.	Sellers
b.	Manufacturers
c.	Original purchasers
d.	Ultimate users
e.	All of the above are parties to a products liability lawsuit.

12.

When a plaintiff sues all of the sellers along the product distribution chain, this is
sometimes called

a.	“hitting them where it hurts.”
b.	“biting off more than you can chew.”
c.	“going for the deep pocket.”
d.	“going to the gold mine.”
e.	none of the above.

13.

If it were reasonably foreseeable that the injured person would use the defective product,
this individual is called the ultimate

a.	loser.
b.	chooser.
c.	plaintiff.
d.	user.
e.	none of the above.

14.

Which of the following examples illustrates strict products liability?

a.	Karen bought a tube of toothpaste that contained a metal pin inside. She discovered the pin when she squeezed the toothpaste. She was not hurt by the pin.
b.	Jenny bought a container of yogurt at the grocery store. She failed to refrigerate it for 12 hours and then became ill after eating it.
c.	Rebekah bought a motorcycle that had defective spokes in the front wheel. While she was driving down the highway, the front tire broke, sending her hurtling over the handlebars.
d.	All of the above illustrate strict products liability.
e.	None of the above illustrates strict products liability.

15.

Which section of the Restatement (Second) of Torts deals with strict products liability?

a.	§303
b.	§402A
c.	§591(c)
d.	§193
e.	None of the above

16.

Which of the following cannot make a product unreasonably dangerous?

a.	Faulty product design
b.	Error in product manufacture or assembly
c.	Improper product maintenance
d.	Manufacturer or seller’s failure to warn
e.	All of the above can make a product unreasonably dangerous.

17.

Courts use which of the following tests to determine faulty product design?

a.	Consumer contemplation test
b.	Danger/utility test
c.	A state-of-the-art discoverability test
d.	All of the above
e.	None of the above

18.

Some jurisdictions include all of the following elements in strict products liability, except

a.	the foreseeable plaintiffs theory.
b.	the seller or buyer must be in business of selling product.
c.	intent.
d.	the seller or manufacturer’s responsibility for product condition.
e.	product sale.

19.

Which of the following defenses is (are) applicable to strict products liability cases?

a.	Contributory negligence
b.	Assumption of risk
c.	Ultimate user’s misuse of product
d.	Both A and B
e.	Both B and C

20.

In which area of law does products liability have its roots?

a.	Property law
b.	Contract law/warranties
c.	Probate law
d.	Equity law
e.	None of the above