Wednesday, November 6, 2019

Compliance with federal laws may lead to the defense that use of state tort law is ______________ by a federal statute designed to ensure the safety of a particular class of products.

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time of the product was sold or produced? 
A. Assumption of the risk.
B. Scientific knowledge doctrine.
C. State of the art defense.
D. Reasonable behavior defense.
E. Reasonable manufacturer defense.
The state-of-the-art defense is used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced.

Compliance with federal laws may lead to the defense that use of state tort law is ______________ by a federal statute designed to ensure the safety of a particular class of products. 
A. Preempted
B. Complimented
C. Refuted
D. Extinguished
E. Upheld
A defendant may attempt to argue that compliance with federal laws is a defense to state tort law because the state tort law is preempted by a federal statute designed to ensure the safety of a particular class of products.

Section 402A of the Restatement (Second) of Torts applies to which of the following? 
A. Negligence.
B. Breach of warranty.
C. Strict product liability.
D. Assumption of the risk.
E. Preemption.
The requirements for proving strict product liability can be found in Section 402A of the Restatement (Second) of Torts.

Under a strict product liability theory, who may be held liable to an injured party? 
A. Manufacturers only.
B. Distributors only.
C. Retailers only.
D. Manufacturers and distributors but not retailers.
E. Manufacturers, distributors, and retailers.
Under strict product liability, courts may hold liable the manufacturer, distributor, or retailer to any reasonably foreseeable injured party.

Under a strict product liability theory, who is considered a reasonably foreseeable party who may recover if injury is sustained? 
A. The buyer only.
B. Only the buyer and the buyer's family.
C. Only the buyer, the buyer's family, and the buyer's guests.
D. Only the buyer and any one present in the buyer's home when injury is sustained.
E. The buyer, the buyer's family, the buyer's guests, and foreseeable bystanders.
Under strict product liability, courts may hold liable the manufacturer, distributor, or retailer to any reasonably foreseeable injured party. Any reasonably foreseeable injured party includes the buyer; the buyer's family, guests, and friends; and foreseeable bystanders.

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