SOLVED

46) As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true regarding the consumer expectations test for product defect? A) That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product, whether foreseeable or not, outweighs the utility of the product. B) That if the plaintiff, applying the knowledge of an ordinary consumer, sees the danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger. C) That a plaintiff may only recover if consumer oriented household goods are involved. D) That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury. E) That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance, that the manufacturer did have insurance of the type to cover the injury at issue, and that the plaintiff had no part in causing the injury. 47) As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true under the risk-utility analysis of product liability? A) That a plaintiff must show that a retailer failed to do a proper risk-utility analysis before the plaintiff can recover against the retailer. B) That a product is unreasonably dangerous if a reasonable person would conclude that the danger-in-fact, whether foreseeable or not, outweighs the utility of product. C) That a plaintiff must show that a manufacturer failed to do a proper risk-utility analysis before the plaintiff can recover against the manufacturer. D) That a reasonable person must conclude that the use-in-fact of a product outweighs the risk-utility of the product. E) That if the plaintiff, applying the knowledge of an ordinary consumer, sees a danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger. 48) Under the Restatement (Third) of Torts, which of the following results in strict liability? A) A manufacturing defect but not a design defect or a failure to warn. B) A design defect and a failure to warn but not a manufacturing defect. C) A design defect but not a manufacturing defect or a failure to warn. D) A manufacturing defect, a design defect, and a failure to warn. E) Both a manufacturing defect and a design defect but not a failure to warn. 49) Which of the following causes of action stem from contract theory? A) Negligence. B) Failure to warn and breach of warranty. C) Failure to warn. D) Strict liability in tort. E) Breach of warranty. 50) The breach of warranty theory of liability is established in the ________. A) The Federal Commercial Code. B) The Restatement (Third) of Torts. C) The Uniform Commercial Code. D) The Federal Contract Guide. E) The Restatement (Second) of Torts. Â Â