Warranties and Product Liability: Comprehensive Learning Quizzes

Question 1

In a product liability claim, which of the following is an invalid defense?

Accepted Answer

Statute of Limitations

Answer

Assumption of Risk

Answer

Superseding Cause

Answer

Contributory Negligence

Question 2

What is the fundamental difference between express and implied warranties?

Accepted Answer

Express warranties are based on the seller's statements, while implied warranties arise from the nature of the goods.

Answer

Express warranties are written, while implied warranties can be oral or written.

Answer

Implied warranties are created by statute, while express warranties can be created by agreement or statute.

Answer

Implied warranties offer broader protection than express warranties.

Question 3

Which of the following is NOT a type of express warranty under the Uniform Commercial Code (UCC)?

Accepted Answer

Implied warranty of merchantability

Answer

Affirmation of fact or promise

Answer

Description of the goods

Answer

Sample or model

Question 4

In a products liability case based on strict liability, a plaintiff must prove:

Accepted Answer

Defectiveness of the product and resulting harm

Answer

Negligence

Answer

Breach of warranty

Answer

Res ipsa loquitur

Question 5

Which of the following is NOT a type of product defect under the UCC?

Accepted Answer

Intentional defect

Answer

Manufacturing defect

Answer

Design defect

Answer

Warning defect

Question 6

Which of the following is NOT a factor considered in determining the reasonableness of a disclaimer of warranty under the UCC?

Accepted Answer

The length of the warranty period

Answer

The conspicuousness of the disclaimer

Answer

The sophistication of the buyer

Answer

The nature of the product

Question 7

In a strict liability product liability claim, liability is based on:

Accepted Answer

Product defect causing injury

Answer

Manufacturer's negligence

Answer

Foreseeability of harm

Question 8

Which scenario exemplifies an implied warranty of fitness for a particular purpose?

Accepted Answer

Purchasing a ladder specifically designed for tree climbing

Answer

Buying chocolates without inspecting them

Answer

Purchasing a house after a thorough inspection

Answer

Buying paint as a gift for a non-artist

Question 9

What is a 'limited warranty' under the UCC?

Accepted Answer

A warranty that covers only specific parts or defects for a specified period

Answer

A warranty that covers the entire product for a specified period

Answer

A warranty that lasts indefinitely

Answer

A warranty that is not legally binding

Question 10

Which of the following is a strict liability tort?

Accepted Answer

Product liability

Answer

Negligence

Answer

Breach of warranty

Answer

Assault

Question 11

What is the 'privity of contract' requirement in warranty claims under the UCC?

Accepted Answer

The plaintiff must be the original purchaser of the product

Answer

The plaintiff must have suffered harm as a result of the defective product

Answer

The plaintiff must have given notice of the defect to the seller

Answer

The plaintiff must prove that the seller was negligent

Question 12

What is the distinction between 'negligence' and 'strict liability' in product liability claims?

Accepted Answer

Negligence requires proof of fault, while strict liability does not

Answer

Strict liability requires proof of fault, while negligence does not

Answer

There is no difference between negligence and strict liability

Answer

Negligence is always a defense to a strict liability claim

Question 13

What is the 'economic loss rule'?

Accepted Answer

A rule that prohibits recovery for economic losses in product liability cases

Answer

A rule that requires plaintiffs to prove physical harm in product liability cases

Answer

A rule that limits the amount of damages that can be recovered in product liability cases

Answer

A rule that creates a presumption of negligence in product liability cases

Question 14

In a product liability case, expert testimony can significantly influence the outcome. Which of the following BEST describes its potential impact?

Accepted Answer

Expert testimony can sway the jury's decision by providing technical or scientific evidence that supports one party's claims.

Answer

Expert testimony is always binding on the court and must be accepted as conclusive evidence.

Answer

Expert testimony is only admissible in cases involving highly complex technical issues.

Answer

Expert testimony has no bearing on the outcome of a product liability case.

Question 15

Which of the following is NOT a type of express warranty?

Accepted Answer

Implied warranty

Answer

Affirmation of fact

Answer

Promise

Answer

Description

Question 16

What is the fundamental distinction between strict liability and negligence in the context of product liability?

Accepted Answer

Strict liability does not require proof of fault, while negligence does.

Answer

Strict liability applies to manufacturers only, while negligence applies to both manufacturers and sellers.

Answer

Negligence requires proof of a specific duty of care, while strict liability does not.

Answer

There is no distinction between strict liability and negligence in the context of product liability.

Question 17

What is the intended purpose of the Magnuson-Moss Warranty Act?

Accepted Answer

To ensure that consumers receive clear and understandable warranty information.

Answer

To prohibit manufacturers from offering any type of warranty.

Answer

To create a national standard for product liability claims.

Answer

To make it easier for consumers to file lawsuits against manufacturers.

Question 18

Which of the following factors is NOT used to determine if a product is unreasonably dangerous?

Accepted Answer

The cost of the product

Answer

The consumer's expectations of the product

Answer

The likelihood of injury

Answer

The severity of the injury

Question 19

Which of the following is NOT an implied warranty?

Accepted Answer

Warranty of habitability

Answer

Warranty of merchantability

Answer

Warranty of title

Answer

Warranty of fitness for a particular purpose

Question 20

An express warranty:

Accepted Answer

May be created either orally or in writing

Answer

Cannot be disclaimed

Answer

Is always implied by law

Answer

Must be in writing

Question 21

Which of the following is NOT a remedy for breach of warranty?

Accepted Answer

Punitive damages

Answer

Repair of the product

Answer

Refund of the purchase price

Answer

Replacement of the product

Question 22

The Uniform Commercial Code (UCC) primarily governs:

Accepted Answer

Sales of goods

Answer

Leases of real property

Answer

All commercial transactions

Answer

Services contracts

Question 23

Which of the following is NOT a limitation on the implied warranty of merchantability?

Accepted Answer

The goods must be of the highest quality

Answer

The goods must be free from any defects

Answer

The goods must be fit for the ordinary purpose for which they are used

Question 24

Which of the following is NOT considered an express warranty?

Accepted Answer

Implied warranty of merchantability

Answer

Express warranty of fitness for a particular purpose

Answer

Express warranty of title

Answer

Express warranty of description

Question 25

The Magnuson-Moss Warranty Act primarily aims to:

Accepted Answer

Establish minimum federal standards for written product warranties

Answer

Provide exclusive remedies for consumers harmed by defective products

Answer

Regulate all aspects of consumer goods sales

Question 26

The fundamental distinction between strict liability and negligence in product liability is that:

Accepted Answer

Strict liability does not require proof of fault, while negligence does.

Answer

Strict liability is solely applicable to manufacturers, while negligence extends to retailers and distributors.

Answer

Negligence requires a higher standard of care compared to strict liability.

Question 27

Which of the following is not recognized as a type of product defect?

Accepted Answer

Economic loss

Answer

Warning defect

Answer

Design defect

Answer

Manufacturing defect

Question 28

The primary purpose of a statute of repose in product liability is to:

Accepted Answer

Limit the time frame for plaintiffs to file lawsuits

Answer

Provide immunity from liability for retailers and distributors

Answer

Establish a presumption of negligence against manufacturers

Question 29

A common defense against an implied warranty of merchantability claim is:

Accepted Answer

The product was not sold in the seller's ordinary course of business

Answer

The buyer failed to notify the seller of the breach

Answer

The buyer did not mitigate their damages

Question 30

The primary distinction between an express warranty and an implied warranty is that:

Accepted Answer

Express warranties arise from the seller's affirmations, while implied warranties are created by law

Answer

Express warranties are always written, while implied warranties may be oral or written

Answer

Implied warranties are stronger than express warranties

Question 31

Which of the following remedies is NOT typically available for breach of warranty?

Accepted Answer

Punitive damages

Answer

Rescission

Answer

Injunction

Answer

Compensatory damages

Question 32

The parol evidence rule in the context of warranties:

Accepted Answer

Prevents the introduction of extrinsic evidence that contradicts or modifies the terms of a written warranty

Answer

Requires all warranties to be in writing to be enforceable

Question 33

Which of the following is NOT a type of express warranty under the Uniform Commercial Code (UCC)?

Accepted Answer

Warranty of habitability

Answer

Warranty of merchantability

Answer

Warranty of fitness for a particular purpose

Answer

Warranty of title

Question 34

Under the Magnuson-Moss Warranty Act, what is required to be included in all written warranties for consumer products costing more than $25?

Accepted Answer

A statement of duration and the consumer's remedies

Answer

The manufacturer's name and address

Answer

A full description of the product

Question 35

Which of the following is a type of strict product liability?

Accepted Answer

Design defect

Answer

Breach of warranty

Answer

Negligence

Answer

Misrepresentation

Question 36

What is a key requirement for a plaintiff to establish a claim for product liability based on breach of an implied warranty of merchantability?

Accepted Answer

The product was not fit for its ordinary purpose

Answer

The plaintiff gave the manufacturer notice of the defect before filing suit

Answer

The product caused the plaintiff's injuries

Answer

The plaintiff purchased the product directly from the manufacturer

Question 37

Which of the following is a defining characteristic of an express warranty?

Accepted Answer

A clear and specific affirmation of a fact or promise made by the seller

Answer

A guarantee that the product will meet the buyer's expectations

Answer

An implied assurance that the product is fit for a particular purpose

Answer

A representation that the seller has good title to the product

Question 38

Under which theory of product liability can a plaintiff recover damages without having to prove a specific defect in the product?

Accepted Answer

Res ipsa loquitur

Answer

Negligence

Answer

Express warranty

Question 39

Which of the following is NOT an essential element of a negligence-based product liability claim?

Accepted Answer

Privity of contract between the plaintiff and the defendant

Answer

Damages suffered by the plaintiff as a result of the breach

Answer

Breach of that duty by the defendant

Answer

Duty of care owed by the defendant to the plaintiff

Question 40

Which of the following is a primary focus of the Lanham Act?

Accepted Answer

Prohibiting false or misleading advertising

Answer

Establishing uniform commercial laws across states

Answer

Codifying tort law principles

Answer

Regulating warranties and product liability claims

Question 41

Which of the following is NOT a recognized defense to a product liability claim based on strict liability in the United States?

Accepted Answer

Contributory negligence

Answer

Product misuse

Answer

State-of-the-art defense

Answer

Assumption of risk

Question 42

What is the primary function of the Consumer Product Safety Commission (CPSC)?

Accepted Answer

To protect consumers from unreasonable risks of injury or death associated with consumer products.

Answer

To regulate the manufacturing processes of consumer products.

Answer

To provide financial assistance to consumers who have been injured by consumer products.

Question 43

What is the key difference between a limited warranty and an implied warranty?

Accepted Answer

Limited warranties are expressly created by the seller, while implied warranties are created by law based on the nature of the sale.

Answer

Implied warranties can be waived more easily than limited warranties.

Answer

Limited warranties typically provide broader coverage than implied warranties.

Question 44

Which of the following is NOT a recognized type of product defect in product liability law?

Accepted Answer

Cumulative defect

Answer

Manufacturing defect

Answer

Warning defect

Answer

Design defect

Question 45

What is the primary purpose of awarding punitive damages in a product liability case?

Accepted Answer

To punish the defendant for egregious misconduct and deter similar future conduct.

Answer

To cover the plaintiff's legal expenses incurred in the lawsuit.

Answer

To compensate the plaintiff for their injuries and related losses.

Question 46

A manufacturer of kitchen appliances advertises that its new blender will "crush ice with ease." A customer purchases the blender and finds that it struggles to crush ice. Which type of warranty is most likely breached?

Accepted Answer

Express Warranty

Answer

Implied Warranty of Merchantability

Answer

Implied Warranty of Fitness for a Particular Purpose

Answer

Warranty of Title

Question 47

A manufacturer of toys includes a disclaimer in the product manual stating that it is not responsible for any injuries caused by the use of the toy. A child is injured while playing with the toy. Which of the following statements is true regarding the disclaimer?

Accepted Answer

The disclaimer may not be effective if the toy is inherently dangerous or if the risk of injury was not reasonably foreseeable.

Answer

The disclaimer will always be effective in barring liability, regardless of the circumstances.

Answer

The disclaimer is only effective if it is prominently displayed on the product itself, not just in the manual.

Question 48

A construction company builds a bridge that collapses due to faulty design. The collapse causes injuries and property damage. Which legal theory would most likely be used to hold the construction company liable?

Accepted Answer

Design Defect

Answer

Manufacturing Defect

Answer

Failure to Warn

Answer

Breach of Contract

Question 49

A company develops a new type of fertilizer that is marketed as environmentally friendly. The fertilizer later turns out to be harmful to soil and water quality. Which legal theory could be used to hold the company liable for environmental damage?

Accepted Answer

Environmental Torts

Answer

Breach of Warranty

Answer

Negligence Per Se

Question 50

A manufacturer of a medical device includes a warning in the product manual about potential side effects. The warning is written in technical language that is difficult for most consumers to understand. Which of the following legal theories could be used to argue that the warning was insufficient?

Accepted Answer

Failure to Warn

Answer

Manufacturing Defect

Answer

Design Defect