BLW 302 PEREZ EXAM 2 NEWEST ACTUAL

BLW 302 PEREZ EXAM 2 NEWEST ACTUAL /

QUESTIONS AND ANSWERS VERIFIED/GRADED A+

Strict Liability manufacturing defect - -----Answers----a product "departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.

Strict liability quality control - -----Answers----Manufacturer failed to exercise due care in the manufacture, assembly, or testing of the product."

Strict liability unreasonably dangerous condition - ----- Answers----a) Product is unreasonably dangerous as designed even if it is manufactured correctly.

b) TEST FOR DESIGN DEFECTS The plaintiff must show

defendant's failure to use a reasonable alternative design that rendered the product not reasonably safe.

Inadequate Warnings - -----Answers----Product is defective based on inadequate end-user warnings or instructions.

• Foreseeable Misuses.

2. Content of Warning: "reasonableness" test

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3. Obvious Risks: No duty to warn about obvious or commonly

known risks.

Defenses to product liability - -----Answers----Preemption Doctrine

Product Misuse

Assumption of the Risk

Comparative Negligence

Knowledgeable user

Statutes of Limitation

Statutes of Repose

Product misuse defense - -----Answers----a) Plaintiff was misusing the product, and

b) Plaintiff's misuse was not reasonably foreseeable to the

defendant.

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Assumption of the Risk liability defense - -----Answers----a) Plaintiff knew and appreciated the risk created by the alleged product defect, and

b) Plaintiff voluntarily assumed the risk, even though it was

unreasonable to do so.

Comparative Negligence liability defense - -----Answers----

Commonly Known Dangers: A danger so commonly known that

the defendant had no duty to warn plaintiff.

Knowledgeable User liability defense - -----Answers----A danger so commonly known by particular users of the product that the defendant had no duty to warn plaintiff

Statutes of Limitation - -----Answers----Time limit to file a claim

Statutes of Repose - -----Answers----Outer limit to file a claim, cuts of time set by statute of limitation

Businesses should evaluate these factors when making ethical decisions - -----Answers----The legal implications of each decision The public relations impact The safety Risks for consumers and employees The financial implications

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