Strict Liability and Product Liability: Exam Questions and Answers for MGMT 311 Chapter 7, Exams of Nursing

Download Strict Liability and Product Liability: Exam Questions and Answers for MGMT 311 Chapter 7 and more Exams Nursing in PDF only on Docsity! MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 What are the 3 elements of Strict Liability? - correct answers✅1. Liability without regard to Fault/Auto Liability 2. No intent to cause harm 3. Focus on nature of activity Why does Strict Liability focus on the Nature of the Situation Instead of Actions of Actors? - correct answers✅because of the nature of the situation/injury someone has to be liable even if the intent wasn't there In Rylands v. Fletcher, what were the 2 main precedents the case created that's still used today in US law? - correct answers✅1. strict liability for actions 2. "if you keep something on your land that is likely to cause mischief then you're liable if the mischief happens" What is the focus of strict liability? - correct answers✅nature of the activity MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 What are 2 main examples for things that ALWAYS carry strict liability? - correct answers✅1. anything toxic (toxic waste, disposal) 2. anything explosive (dynamite, fireworks) What is the Difference between Negligence and Strict Liability? - correct answers✅- Negligence: did the defendant breach two types of causation and damages (focuses on behavior) - Strict Liability Abnormally Dangerous: is the 3 elements present (focuses on activity) What are the 3 things the plaintiff has to prove for Abnormally Dangerous Activities? - correct answers✅1. involves a potential degree of serious harm 2. AND involves a high degree of risk that cannot be completely guarded against with the use of reasonable care 3. AND is not commonly performed in community or area MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 In a Products Liability case, a plaintiff sues anyone they can find. Who would those people be and can the plaintiff sue them? - correct answers✅YES can sue them the entire chain of production: distributor, manufacturer, wholesaler, retailer What are the 4 elements of Product Liability Based on Negligence? - correct answers✅1. manufacturer has duty of "due care" in design, production processes, assembling, testing, warnings 2. manufacturer fails to exercise due care to make a product safe 3. causation: cause of fact and proximate cause 4. injury In a product liability case based on negligence, does the plaintiff have to have privity of contract or in other words be in contract with the defendant? - correct answers✅NO, can still sue anyone in chain of production MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 What was notable or like a precedent established through the MacPherson v. Buick Motor Co? - correct answers✅1st time in US that negligence case had a plaintiff win regarding a defective product What was the ruling on MacPherson v. Buick Motor Co? - correct answers✅a reasonable inspection before the sale would have revealed the rotten & defective nature of the wheels (Buick had a duty and they breached it) What is the name of the tort: "misrepresentation of a material concerning quality, nature, or approximate use of the product of truth" - correct answers✅PRODUCT LIABILITY BASED ON MISREPRESENTATION What are the 3 things the plaintiff have to prove in a Product Liability based on Misrepresentation? - correct answers✅1. defendant misrepresented facts about quality or nature 2. injury occurs 3. buyer/plaintiff relied on misrepresentation MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 What are 2 examples of Product Liability based on Misrepresentation? - correct answers✅1. intentional mislabeling of packaged cosmetics 2. concealment of product defects What is the definition of strict product liability? - correct answers✅When the plaintiff alleges a defective product caused the harm and the maker should be STRICTLY LIABLE for harm If you make a product, are you ALWAYS strictly liable? - correct answers✅NO What are the 3 reasons why we hold a manufacturer strictly liable for defective products? - correct answers✅1. consumers should be protected against unsafe products 2. AND manufacturers should not escape liability for defective products just because not in privity with injured 3. AND manufacturers and sellers are in a better position to bear the costs of plaintiff injuries MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 What are the 3 different product defects? - correct answers✅1. manufacturing 2. design 3. warnings What type of defect is this: "a product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product?" - correct answers✅MANUFACTURING DEFECT In the step ladder example with the mis aligned holes, what type of defect was this? - correct answers✅MANUFACTURING DEFECT What type of defect is this: "the foreseeable risk of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design?" - correct answers✅DESIGN DEFECT MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 For a design defect, what 2 things does the plaintiff have to prove? - correct answers✅1. a reasonable alternative design was available 2. as a result of the defendant's failure to adopt the alternative design, the product is not reasonable safe In the Riley v. Ford case, what was the type of defect and what did the plaintiff have to prove in this case? - correct answers✅Type: Design Defect Had to prove: 1. there was a reasonable alternative design available 2. as a result of the defendant's failure to redesign the product, the product is not reasonably safe What type of defect is this: "the foreseeable risk of harm posed by the product could have been reduced or avoided by reasonable instructions or warnings?" - correct answers✅Warning Defect In the Johnson v. Medtronic case, what duty did this case place on medical commercials? - correct MGMT 311 Chapter 7 Strict Liability and Product Liability Exam Question And Answers 2024 answers✅Because of medical side effects/dangers, the medical products have to list every possible warning In the trampoline case dealing with the lack of the jumper to read the warnings, what was the defense of the defendant? - correct answers✅Obvious Risks *commonly known trampolines are dangerous Under strict product liability, is there a duty to warn about risks that are obvious or commonly known? - correct answers✅NO, under obvious risks defense If there's a forseeable misuse by the public, under strict liability does the company have to warn? - correct answers✅YES What is the term for if the plaintiff can't prove which manufacturer produced the particular product that caused harm, then all manufacturers are liable in their proportion to their share of the market? - correct answers✅MARKET SHARE LIABILITY