SOLVED

41) In a product liability action in which strict liability is alleged, courts focus on ________. A) Whether the seller exercised all possible care in the preparation and sale of the product. B) Whether the manufacturer was negligent. C) Whether the product was in a defective condition and unreasonably dangerous when sold. D) Whether the manufacturer knew of a problem with the product. E) Whether the consumer had a contractual relationship with the seller. 42) What was the ruling of the court in the case of Welge v. Planters Lifesavers Co., the case in which the plaintiff injured his hand when a jar containing peanuts broke? A) That the case would be dismissed because the plaintiff could not establish that the jar was maintained in a pristine condition after its purchase. B) That the plaintiff would be allowed to proceed on his claim because negligence was established. C) That the plaintiff would be allowed to proceed on his claim because the defendant was unable to establish that the jar had been damaged after its purchase. D) That the plaintiff was unable to recover on his claim because he was not the actual purchaser of the jar of peanuts. E) That the plaintiff was unable to recover on his claim because negligence in manufacture of the jar could not be established. 43) Which of the following is true regarding proof of design defect? A) State law across the country is generally uniform concerning what proof is required to establish a design defect. B) States are not in agreement concerning what proof is required to establish a design defect. C) State law is irrelevant because federal law dictates what proof is required to establish a design defect. D) Each local county in each state determines what proof is required to establish a design defect. E) Because of the amount of international trade, there are international treaties establishing for each U.S. state concerning what proof is required to establish a design defect. 44) Which of the following tests is set out in the Restatement (Second) of Torts as a method by which to prove a design defect? A) The consumer expectations test. B) The risk-utility test. C) The design defect test. D) The consumer propensity test. E) The feasible alternatives test. 45) What is another name for the risk-utility test? A) The design defects test. B) The manufacturing purposes test. C) The retailer expectations test. D) The feasible alternatives test. E) The consumer expectations test. Â Â