Which defense could allow defendant to escape responsibility for a claim in strict liability?
A) comparative fault
B) a statute saying that the defendant should not be strictly liable
C) contributory negligence
D) assumption of the risk
Q. #2Plaintiff is injured by defendant's tiger and files a claim in strict liability. The defendant says that
plaintiff was foolish enough to stick a hand in the tiger's case. The court will
A) rule that the defendant is not liable because everyone knows that tigers are dangerous
B) characterize plaintiff's actions as being contributorily negligence and bar recovery
C) offset damages to some degree because of the plaintiff's actions
D) find the defendant not liable
Q. #3Which of the following could serve as a valid defense to a claim in strict liability?
A) the defendant exercised the utmost duty of care
B) the plaintiff was contributorily negligent
C) the plaintiff assumed the risk
D) none of the above would bar recovery for a claim in strict liability
Q. #4To prevail under a theory of strict liability for product liability, the plaintiff needs to allege that
A) there was a breach of duty of care
B) there was a flaw in the product
C) the dangerous product was knowingly put into the stream of commerce
D) the plaintiff assumed the risk of purchasing such a product
Q. #5Among the defenses to an action in product liability is that
A) intentional misuse of the product
B) failure to inspect goods before selling them would be very costly
C) the risk of danger was obvious
D) breach of duty of care
Q. #6The plaintiff sues defendant, in strict liability, for having sold an unreasonably dangerous
product, because of the defendant's decision to use the cheapest materials possible. At trial, the court
will assess the hazards posed by this product by using a
A) consumer expectation test
B) test to measure potential sales
C) test to determine breach of duty of care
D) marketplace test
Q. #7Failure to warn can, under product liability, be the basis for recovery under a theory of strict liability.
Indicate whether the statement is true or false
Q. #8According to the Restatement (Third) of Torts: Product Liability, courts should now assess claims of product liability using the consumer expectation test.
Indicate whether the statement is true or false
Q. #9The standard used by a court to assess a claim in product liability was whether the product was unreasonably dangerous.
Indicate whether the statement is true or false
Quick Reply
