AU 62 Chapter 3 Exam Questions and Answers All Correct
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Course
AU 62
Institution
AU 62
AU 62 Chapter 3 Exam Questions and Answers All Correct
While Wanda was mowing her lawn, the lawn mower made a popping noise and suddenly exploded. Engine parts flew through the air and struck Wanda's grandfather in the eye. As a result of losing his vision, Wanda's grandfather, Homer, sued the ...
AU 62 Chapter 3 Exam Questions
and Answers All Correct
While Wanda was mowing her lawn, the lawn mower made a popping noise and
suddenly exploded. Engine parts flew through the air and struck Wanda's grandfather in
the eye. As a result of losing his vision, Wanda's grandfather, Homer, sued the
lawnmower manufacturer. Homer's best approach in the lawsuit is to assert - Answer ✔
Strict liability as a nonuser - Most courts also hold a bystander as able to assert a strict
liability claim as a nonuser.
ABC Company manufactures hot beverage containers and distributes them to various
retail outlets. A customer who purchased one of these containers at a retail store is
burned by hot coffee after the lid on a container falls off. Which one of the following
principles of law would be the basis for a suit brought by the injured party? - Answer ✔
Implied Warranty - Implied warranty is an obligation that the courts impose on a seller to
warrant certain facts about a product even though not expressly stated by the seller.
Len purchased a lawn roller and once he put it together and filled it with water he
learned that the water leaked out during use. The gasket was not a proper fit and the
store or manufacturer would not refund his purchase price or attempt to resolve the
issue. Len's best basis for a lawsuit is which one of the following? - Answer ✔ Implied
warranty o merchantability - The implied warranty of merchantability is that the lawn
roller will perform its intended function. However, if the water leaks out, its functionality
is reduced or eliminated.
In a strict liability case against toothpaste manufacturer Company P, plaintiff Carla
claimed that the toothpaste caused enamel erosion which required her to have
extensive dental procedures to fix her teeth. In a products liability case based on strict
liability, Carla must prove that Company P - Answer ✔ Made toothpaste that was
dangerously defective when it left the manufacturer. Intentional harm and negligence
are not factors in a strict liability lawsuit.
Manufacturer Tyler was in the welding business. Tyler tried to save money by
"enhancing" the solder with an inferior product as well as thinning the welds. These
practices led to defective welds which resulted in a collapse of the welds inflicting bodily
injury on an individual. In a negligence case against Tyler, a plaintiff must prove that
Tyler - Answer ✔ Failed to use reasonable care.
Colson makes knives and swords as a hobby selling his products on a non-advertised
basis. He does not package his products but does provide a warranty against defects. If
a parent whose child is injured by one of Colson's ever-sharp knives sues Colson under
, strict liability, which one of the following statements may be true? - Answer ✔ Colson
would be strictly liable only if the knife was unreasonably dangerous in normal use.
Negligence and harm to a third party are not factors. Knives are known to be dangerous
therefore only if the knife was unreasonably dangerous when used under normal
conditions would strict liability apply.
Patty bought a particular brand of windows because they were warranted free of defect
for the lifetime of the purchaser. If anything happened the windows were guaranteed to
be replaced at no cost to the original owner. Six years later, two of the windows began
to fog between the panes. Patty had them replaced and was billed $600 for labor and
materials. Patty sued the window company stating she would not have purchased them
except for the future no-cost guarantee. Patty's best basis for the lawsuit is - Answer ✔
Misrepresentation. Negligence was not a factor in Patty's lawsuit nor was absolute
liability. Implied warranty of merchantability would apply to the function of the windows
and not to this situation involving additional cost to Patty.
Joey purchased a "two-and-a-half ton capacity" trailer for the purpose of hauling junk
metal for a fee. When a two-ton load of metal caused the trailer frame to twist under the
load, Joey sued the manufacturer. The theory on which to base his lawsuit with the
most likelihood of success is - Answer ✔ Material misrepresentation.
Joey would not have purchased the trailer for his business if it would only hold two tons
after being led to believe it could hold more than that. This misrepresentation is
material.
Keith created a tennis ball return machine favored by tennis professionals because of
the high velocity of the machine. The speeds of return are random which is clearly
posted on the machine. A 13-year-old tennis player loses his eye in an accident due to
a ball returned at a very high speed. In this situation, the type of product defect that
would most likely lead to a liability suit against Keith is which one of the following? -
Answer ✔ Failure to warn. There is no indication of defect in manufacturer, assembly or
design.
Products liability loss exposures - Answer ✔ Products liability loss exposures exist when
a business can be held legally liable for bodily injury or property damage caused by
products it manufactures, sells, or distributes.
Imputed Negligence - Answer ✔ A concept holding one party responsible for another's
negligence by virtue of the relationship between the two parties.
Imputed contributory negligence - Answer ✔ At common law, the plaintiff's imputed
responsibility for the defendant's negligence.
Completed operations liability - Answer ✔ The exposure to liability for bodily injury or
property damage arising out of the insured's completed work.
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