Tort Law Quiz 2

Front 1

As they refer to product liability, what are the five causes of action for harm caused by products?

Back 1

1. Negligence

2. Breach of express warranty

3. Breach of implied warranty of merchantability

4. Breach of implied warranty of fitness for a

particular purpose

5. Strict liability in tort

Front 2

Defective Products

Back 2

Products lacking in some particular that is essential to completeness, safety, or legal sufficiency.

Front 3

What three separate defects can contribute to an overall defective product? (3)

Back 3

1. Manufacturing defect

2. Design defect

3. Warning defect

Front 4

Who are the possible defendants in a product liability case?

Back 4

All persons or businesses that had a role in making, selling, or leasing a product that reached the person injured by that product

Front 5

Who are the possible plaintiffs in a product liability case? (5)

Back 5

1. Buyer of product

2. User of product

3. Lessee of product

4. Bailor of product
5. Bystander

Front 6

Privity

Back 6

A relationship that persons share in a transaction, in property, or in a right

Front 7

What is the major example of privity?

Back 7

privity of contract

Front 8

A privity of contract exists only...

Back 8

between parties of a contract

Front 9

MacPherson v. Buick Motor Co.

Back 9

In a negligence action, the defendant owes a duty of reasonable care to all foreseeable users of the product if it can be anticipated that substantial harm to person or property will result if the product is defective. (Privity of contract is not necessary.)

Front 10

Manufacturing (2)

Back 10

1. Manufacturers are held to the standard of an expert in the product manufactured

2. They must use reasonable care to discover/correct manufacturing defects.

Front 11

Design

Back 11

No hard and fast rule for when a design is considered dangerous.

Front 12

Warning (2)

Back 12

1. The failure to warn of dangers of a reasonably designed product is actionable.

2. Cannot escape liability for warnings on an unreasonably designed product.

Front 13

Name the defenses of product liability (3)

Back 13

1. Contributory negligence

2. Comparative negligence

3. Assumption of the risk

Front 14

Warranty

Back 14

A guarantee; a commitment imposed by contract or by law that a product or service will meet a specified standard.

Front 15

Breach of Express Warranty

Back 15

Harm or damage caused by a false statement of fact relied on by the plaintiff and made with the intention or expectation that the statement will reach the plaintiff.

Front 16

What are the elements of a breach of express warranty? (5)

Back 16

1. A statement of fact that is false
2. Made with the intent or expectation that the statement will reach the plaintiff
3. Reliance on the statement by the plaintiff

4. Damage

5. Causation

Front 17

Breach of Implied Warranty of Merchantability

Back 17

Harm or damage caused by a merchant’s sale
of goods that are not fit for the ordinary purposes for which they are used.

Front 18

What are the elements of a breach of implied warranty of merchantability? (5)

Back 18

1. Sale of goods

2. By a merchant of goods of that kind

3. The goods are not merchantable

4. Damage

5. Causation

Front 19

Breach of Implied Warranty of Fitness for a Particular Purpose

Back 19

Harm or damage caused by a sale of goods by a merchant who has reason to know the buyer is relying on the expertise of the merchant in selecting the goods for a particular purpose,but the goods are not fit for that purpose.

Front 20

What are the elements of a breach of implied warranty of fitness for a particular purpose? (7)

Back 20

1. Sale of goods

2. By a merchant of goods of that kind
3. The merchant has reason to know the buyer’s

particular purpose in buying the goods

4. The merchant has reason to know that the
buyer is relying on the merchant’s skill or

judgment in buying the goods

5. The goods are not fit for the particular purpose

6. Damage

7. Causation

Front 21

Strict Liability in Tort

Back 21

Liability for physical harm caused by a defective product that is unreasonably dangerous.

Front 22

What are the elements of strict liability in tort? (5)

Back 22

1. Seller
2. A defective product that is unreasonably dangerous to person or property
3. User or consumer

4. Physical harm (damages)

5. Causation

Front 23

Unreasonably Dangerous

Back 23

Dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.