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Question 1
EasyBreeze, Inc. is a manufacturer and distributor of fans, air conditioners and other cooling appliances. EasyBreeze is trying to develop a new model of ceiling fan but the development is not going well. For reasons that EasyBreeze cannot understand, the blades of the fans detach whenever the fan is turned on to maximum strength. Despite this defect, EasyBreeze decided to manufacture and sell the fans anyway. Jeff buys one of the new ceiling fans and has it installed in his bedroom. The first time Jeff uses the fan, he turns it on full strength. Within minutes, the blades become detached and are flung across the room. One of the blades hits Jeff in the chest, giving him a severe cut and several broken ribs. In an action against EasyBreeze, Inc., Jeff will:
Correct
Incorrect!
Correct If a manufacturer or supplier sells a product that he knows is defective or dangerous or where he believes that injuries are substantially certain to result from the use of the product, he may be liable for battery to any plaintiff injured by the product. Therefore, B is the correct answer.
Incorrect! If a manufacturer or supplier sells a product that he knows is defective or dangerous or where he believes that injuries are substantially certain to result from the use of the product, he may be liable for battery to any plaintiff injured by the product. Therefore, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the "Sleep n' Go", a portable crib that folds up to the size of a briefcase when it is not in use. Michael and Katherine, the proud parents of a baby boy, are planning to take a family trip to Bermuda and they purchase a "Sleep n' Go" to take with them. On the first night of their vacation, Michael unfolds the "Sleep n' Go" and places the baby inside. Unfortunately, because of a manufacturing mistake, one of the locking hinges that keeps the structure locked and upright is missing. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against TinyTykes, Michael and Katherine will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The general rule regarding products liability negligence cases is that if it is reasonably foreseeable that a product will create a risk of death or injury if it is not carefully made, the manufacturer has a duty to carefully manufacture the product. This duty is owed to any foreseeable user of the product. Here, the foreseeable user of the product was Michael and Katherine's baby and it was foreseeable that the baby could be hurt if the product was not made carefully. Therefore, Michael and Katherine will win their suit and D is the correct answer.
Incorrect! The general rule regarding products liability negligence cases is that if it is reasonably foreseeable that a product will create a risk of death or injury if it is not carefully made, the manufacturer has a duty to carefully manufacture the product. This duty is owed to any foreseeable user of the product. Here, the foreseeable user of the product was Michael and Katherine's baby and it was foreseeable that the baby could be hurt if the product was not made carefully. Therefore, Michael and Katherine will win their suit and D is the correct answer.
Question 3
TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the "Sleep n' Go", a portable crib that folds up to the size of a briefcase when it is not in use. Unfortunately, while TinyTykes manufactures the cribs exactly according to plan, the design of the crib is flawed because the locking hinges the design calls for are not strong enough to support the weight of a baby. Michael and Katherine, the proud parents of a baby boy, are planning to take a family trip to Bermuda and they purchase a "Sleep n' Go" to take with them. On the first night of their vacation, Michael unfolds the "Sleep n' Go" and places the baby inside. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against TinyTykes, Michael and Katherine will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct While the general rule creates a duty of care in manufacturing the product, the courts have extended this to include a duty of care in designing the product as well. Therefore, even though TinyTykes manufactured the crib exactly as the design called for, they will be liable for the design flaws that led to the baby's injuries. Thus, D is the correct answer.
Incorrect! While the general rule creates a duty of care in manufacturing the product, the courts have extended this to include a duty of care in designing the product as well. Therefore, even though TinyTykes manufactured the crib exactly as the design called for, they will be liable for the design flaws that led to the baby's injuries. Thus, D is the correct answer.
Question 4
TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the "Sleep n' Go", a portable crib that folds up to the size of a briefcase when it is not in use. However, TinyTykes does not manufacture any of the component parts of the crib themselves. TinyTykes buys all of the different parts that go into the crib from other manufacturers and then assembles them into the cribs, which they sell under the TinyTykes label. Michael and Katherine, the proud parents of a baby boy, are planning to take a family trip to Bermuda and they purchase a "Sleep n' Go" to take with them. On the first night of their vacation, Michael unfolds the "Sleep n' Go" and places the baby inside. Unfortunately, one of the locking hinges in this crib that TinyTykes has purchased from a hinge manufacturer is faulty and, as a result, the crib is unstable. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against TinyTykes, Michael and Katherine will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct The courts have determined that, where a company takes different components from different manufacturers and assembles those components into a final product, which it sells under its own name, that company may be liable if a plaintiff is harmed by a negligently manufactured component. TinyTykes took components from different manufacturers and assembled them into a final product which they sold under the TinyTykes name. Therefore, they will be held liable for the injuries caused by the faulty hinge and C is the correct answer.
Incorrect! The courts have determined that, where a company takes different components from different manufacturers and assembles those components into a final product, which it sells under its own name, that company may be liable if a plaintiff is harmed by a negligently manufactured component. TinyTykes took components from different manufacturers and assembled them into a final product which they sold under the TinyTykes name. Therefore, they will be held liable for the injuries caused by the faulty hinge and C is the correct answer.
Correct
Incorrect!
Question 5
TinyTykes, Inc. is a company that manufactures a line of various baby products and furniture. One of their most popular products is the "Sleep n' Go", a portable crib that folds up to the size of a briefcase when it is not in use. TinyTykes sells the cribs to various department stores, who sell the cribs to the public. Michael and Katherine, the proud parents of a baby boy, purchase a "Sleep n' Go" from "Baby Blue", a local department store. Over the last few months, "Baby Blue" has gotten dozens of complaints from customers saying that the "Sleep n' Go" is unstable when it is unfolded and many times collapses around the babies. Despite the complaints, "Baby Blue" continues to sell the cribs without inspecting them first. On the first night after buying the crib, Michael unfolds it and places the baby inside. Unfortunately, one of the locking hinges in this crib that TinyTykes has purchased from a hinge manufacturer is faulty and, as a result, the crib is unstable. The crib collapses around the baby, partially folding up and pinning the baby inside of it. Michael is able to get the baby out but not before the baby is injured. In a suit against "Baby Blue", Michael and Katherine will probably:
Correct
Incorrect!
Correct
Incorrect!
Correct A middleman has duty to inspect and test products or, at the very least, to warn the plaintiff as to the potential danger involved in using a product if he has reason to know that the product may be dangerous to plaintiff in its normal use. If the middleman breaches his duty, he may be liable to the plaintiff along with the manufacturer. This duty will arise in instances where, for example, the middleman has received complaints about the product from other customers that alert the middleman to potential problems with the product. Here, 'Baby Blue' had a duty to either inspect the crib or warn Michael and Katherine because the complaints they received from other customers gave them reason to know that the crib might be dangerous. 'Baby Blue' breached this duty so they will be liable to Katherine and Michael and C is the correct answer.
Incorrect! A middleman has duty to inspect and test products or, at the very least, to warn the plaintiff as to the potential danger involved in using a product if he has reason to know that the product may be dangerous to plaintiff in its normal use. If the middleman breaches his duty, he may be liable to the plaintiff along with the manufacturer. This duty will arise in instances where, for example, the middleman has received complaints about the product from other customers that alert the middleman to potential problems with the product. Here, 'Baby Blue' had a duty to either inspect the crib or warn Michael and Katherine because the complaints they received from other customers gave them reason to know that the crib might be dangerous. 'Baby Blue' breached this duty so they will be liable to Katherine and Michael and C is the correct answer.
Correct
Incorrect!
Question 6
MediCo is a very well known pharmaceutical company that, for several years, has been producing Plasmium, a drug that helps people with high blood pressure by thinning their blood. MediCo distributes the drug to doctors and pharmacies who then sell the drug to the public. Reggie has heart trouble and goes to the local pharmacy to pick up a bottle of Plasmium. Unfortunately, MediCo has accidentally filled several bottles labeled "Plasmium" with penicillin. Reggie is highly allergic to penicillin. Reggie has an adverse reaction to the penicillin and has to be rushed to the hospital. In a suit against the pharmacy, Reggie will probably:
Correct
Incorrect!
Correct A middleman has duty to inspect and test products or, at the very least, to warn the plaintiff as to the potential danger involved in using a product if he has reason to know that the product may be dangerous to plaintiff in its normal use. If the middleman breaches his duty, he may be liable to the plaintiff along with the manufacturer. This duty will arise in instances where, for example, the middleman has purchased goods for resale from an unreliable source. Here, the pharmacy purchased the Plasmium from a very reliable source and, therefore, owed no duty to Reggie to inspect the drugs before selling them. Reggie will lose his case and B is the correct answer.
Incorrect! A middleman has duty to inspect and test products or, at the very least, to warn the plaintiff as to the potential danger involved in using a product if he has reason to know that the product may be dangerous to plaintiff in its normal use. If the middleman breaches his duty, he may be liable to the plaintiff along with the manufacturer. This duty will arise in instances where, for example, the middleman has purchased goods for resale from an unreliable source. Here, the pharmacy purchased the Plasmium from a very reliable source and, therefore, owed no duty to Reggie to inspect the drugs before selling them. Reggie will lose his case and B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 7
MediCo is a very well known pharmaceutical company that, for several years, has been producing Plasmium, a drug that helps people with high blood pressure by thinning their blood. MediCo distributes the drug to doctors and pharmacies who then sell the drug to the public. Reggie has heart trouble and goes to the local pharmacy to pick up a bottle of Plasmium. Unfortunately, MediCo has negligently filled several bottles labeled "Plasmium" with penicillin. MediCo is aware of the problem but feels that it would be cheaper to settle any lawsuits resulting from the negligence that it would be to recall the drugs. Further, the pharmacy has fielded several complaints from customers who wanted Plasmium but got penicillin instead yet, the pharmacy continues to sell the Plasmuim without inspecting it first. Reggie, who is highly allergic to penicillin, has an adverse reaction to the drug and has to be rushed to the hospital. Reggie will be able to recover against the pharmacy but not against MediCo:
Correct
Incorrect!
Correct A middleman's liability usually has no bearing on the manufacturer's liability. If a middleman breaches his duty by failing to inspect, test or warn, his liability will not cancel out the manufacturer's liability and the plaintiff will be able to sue both the middleman and the manufacturer. That being the case, Reggie will be able to sue both MediCo and the pharmacy and the correct answer to the question is FALSE.
Incorrect! A middleman's liability usually has no bearing on the manufacturer's liability. If a middleman breaches his duty by failing to inspect, test or warn, his liability will not cancel out the manufacturer's liability and the plaintiff will be able to sue both the middleman and the manufacturer. That being the case, Reggie will be able to sue both MediCo and the pharmacy and the correct answer to the question is FALSE.
Question 8
MediCo is a very well known pharmaceutical company that, for several years, has been producing Plasmium, a drug that helps people with high blood pressure by thinning their blood. MediCo distributes the drug to doctors and pharmacies who then sell the drug to the public. Reggie has heart trouble and goes to the local pharmacy to pick up a bottle of Plasmium. Unfortunately, MediCo has negligently filled several bottles labeled "Plasmium" with penicillin. MediCo has no idea that it has made this mistake. However, the pharmacy has fielded several complaints from customers who wanted Plasmium but got penicillin instead, yet the pharmacy continues to sell the Plasmuim without inspecting it first. Reggie, who is highly allergic to penicillin, has an adverse reaction to the drug and has to be rushed to the hospital. Reggie will be able to recover against the pharmacy but not against MediCo:
Correct Usually, a middleman's liability does not cut off the manufacturer's liability. However, where the manufacturer unintentionally sold a defective product to the middleman and the middleman, knowing that the product is defective, sells it to the plaintiff anyway and fails to warn the plaintiff about the defect, the middleman's actions here will cut off the manufacturer's liability. That being the case, the pharmacy's liability here will cut off MediCo's liability so Reggie will only be able to recover from the pharmacy and the correct answer to the question is TRUE.
Incorrect! Usually, a middleman's liability does not cut off the manufacturer's liability. However, where the manufacturer unintentionally sold a defective product to the middleman and the middleman, knowing that the product is defective, sells it to the plaintiff anyway and fails to warn the plaintiff about the defect, the middleman's actions here will cut off the manufacturer's liability. That being the case, the pharmacy's liability here will cut off MediCo's liability so Reggie will only be able to recover from the pharmacy and the correct answer to the question is TRUE.
Correct
Incorrect!
Question 9
If a plaintiff is injured by a poorly manufactured product and he can prove that the product was defective, that the defect was caused by the manufacturer and that the defective product caused his harm, the plaintiff will be able to recover for:
Correct
Incorrect!
Correct
Incorrect!
Correct If the plaintiff is injured by a product that is poorly manufactured and can prove that the product was defective, that the defect was caused by the manufacturer and that the defect caused his injuries, he can recover under the theory of strict liability. Therefore, C is the correct answer.
Incorrect! If the plaintiff is injured by a product that is poorly manufactured and can prove that the product was defective, that the defect was caused by the manufacturer and that the defect caused his injuries, he can recover under the theory of strict liability. Therefore, C is the correct answer.