Because of high demand for a particular toy, a manufacturer quickly rushes to market a similar
looking toy. To make the most of the opportunity to ride on the coattails of the sale of the toy in great
demand, the manufacturer's similar looking toy has a tendency to fall apart after only several uses, so
that small children could get hurt. An action in strict liability would focus on
A) the manufacturer's breach of duty of care to release a safe product into the stream of
commerce
B) the fact that the manufacturer knowingly sold this dangerous product
C) the flaw in the product
D) the manufacturer's intent to defraud the public
Q. #2BigBoxStore sells The Universal Communicator, a new type of telecommunication device, but does
not know that the battery can melt the internal circuitry on rare occasions. A purchaser has the
misfortune of buying a Universal Communicator that does in fact, melt down. When filing suit for
negligence against BigBoxStore, the purchaser could allege that a breach of duty involved
A) the warranty of merchantability
B) a failure to disclaim all warranties
C) the warranty of fitness for a particular use
D) a failure to detect a defect
Q. #3When it comes to a claim in strict liability because an item that was purchaser turned out to be
dangerous, and when used properly, caused injury, the purchaser will need to allege that
A) the seller breached the contract of sale
B) the seller breach a due of care
C) the product was defective
D) the product was sold under privity of contract
Q. #4A court might find a seller liable for a failure to warn purchasers of the dangers associated with a
particular product. Not only could the seller be sued under a theory of strict liability, but could be
used for an action
A) for intentionally inflicting emotional distress
B) for breach of privity of contract
C) under no other theory of tort
D) in negligence
Q. #5The recognition of the possibility of an action in negligence by the court in the famous MacPherson
case meant that the plaintiff had an opportunity to recover damages, an opportunity that had been
foreclosed under the old rule of
A) privity of contract B) caveat emptor
C) the warranty of merchantability D) the warranty of fitness
Q. #6The underlying rationale for recovery under a warranty is
A) breach of duty of care B) caveat emptor
C) breach of promise D) nulle pene sine lege
Q. #7Defendant will be held responsible in strict liability for having breached a duty of care.
Indicate whether the statement is true or false
Q. #8Strict liability will only be imposed if the potential harm is clearly foreseeable.
Indicate whether the statement is true or false
Q. #9A defendant might be held responsible in strict liability for damages caused by blasting because
A) the defendant acted with utmost care possible
B) this is an abnormally dangerous activity
C) the social utility outweighs the risk
D) society could not function if blasting was made illegal
Quick Reply
