Chapter 12 Pt2
Understanding Product Liability Law
Test your knowledge on key concepts of product liability and consumer protection laws with our engaging quiz! This quiz covers various concepts including merchantability, warranty disclaimers, and liability principles.
Sharpen your understanding of important legal principles that govern product safety and consumer rights.
- 10 Thought-provoking questions
- Multiple choice and checkbox formats
- Learn and assess your knowledge
Consumer Expectation Test
A test to determine merchantability based on what the average consumer would expect to find in food products
A test to determine merchantability based on foreign objects that are found in food
A warranty that arises where a seller or lessor warrants that the goods will meet the buyer’s or lessee’s expressed needs
Foreign Substance Test
A test to determine merchantability based on foreign objects that are found in food
A test to determine merchantability based on what the average consumer would expect to find in food products
A warranty that arises where a seller or lessor warrants that the goods will meet the buyer’s or lessee’s expressed needs
Implied Warranty of Fitness for a Particular Purpose
A warranty that arises where a seller or lessor warrants that the goods will meet the buyer’s or lessee’s expressed needs
A test to determine merchantability based on foreign objects that are found in food
A test to determine merchantability based on what the average consumer would expect to find in food products
Compensatory Damages:
Damages that are generally equal to the difference between the value of the goods as warranted and the actual values of the goods accepted at the time and place of acceptance
All implied warranties of quality may be disclaimed by expressions like as is, with all faults, or other language that makes it clear to the buyer that there are no implied warranties
A warranty that arises where a seller or lessor warrants that the goods will meet the buyer’s or lessee’s expressed needs
Warranty Disclaimers: pick 2
If an express warranty is made, it can only be limited if the disclaimer and the warranty can he reasonably construed with each other
All implied warranties of quality may be disclaimed by expressions like as is, with all faults, or other language that makes it clear to the buyer that there are no implied warranties
Construed by the courts as noticeable to a reasonable person
A test to determine merchantability based on what the average consumer would expect to find in food products
Conspicuous
Construed by the courts as noticeable to a reasonable person
A warranty that arises where a seller or lessor warrants that the goods will meet the buyer’s or lessee’s expressed needs
A test to determine merchantability based on what the average consumer would expect to find in food products
Intentional misrepresentation
A buyer or lessee who is injured because a seller or lessor fraudulently misrepresented the quality of a product can sue the seller under the tort
Construed by the courts as noticeable to a reasonable person
A test to determine merchantability based on what the average consumer would expect to find in food products
A warranty that arises where a seller or lessor warrants that the goods will meet the buyer’s or lessee’s expressed needs
Negligence
A tort related to defective products where the defendant has breached a duty of care and caused harm to the plaintiff
Construed by the courts as noticeable to a reasonable person
All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product
Strict Liability: Chain of Distribution
All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product
All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product
Construed by the courts as noticeable to a reasonable person
Parties Who Can Recover: Pick 3
Privity of contract is not required for a plaintiff to sue for strict liability
The doctrine applies even if the injured party had no contractual relations with the defendant
The damages recoverable in a strict liability action vary by jurisdiction
All parties in the chain of distribution of a defective product are strictly liable for the injuries caused by that product
Construed by the courts as noticeable to a reasonable person
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