Which of the following are factors the trial court may find helpful when balancing a product's utility against the risk the product creates?

When did the American Law Institute adopt the Restatement of the Law (3^rd) Torts: Product Liability? 
A. 2004.
B. 2002.
C. 2000.
D. 1998.
E. 1960.

In 1998 criticisms led the American Law Institute to adopt the "Restatement of the Law (Third), Torts: Product Liability."

Which of the following are factors the trial court may find helpful when balancing a product's utility against the risk the product creates? 
A. The usefulness and desirability of the product.
B. The safety aspects of the product.
C. The availability of a substitute product that would meet the same need and would not be as unsafe.
D. The manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility.
E. All of the above.

There are several factors a trial court may find helpful when balancing a product's utility against the risk the product creates including the usefulness and desirability of the product; the safety aspects of the product; the availability of a substitute product that would meet the same need and not be as unsafe; and the manufacturer's ability to eliminate the unsafe character of the product without impairing its usefulness or making it too expensive to maintain its utility.

Which of the following causes of action stem from contract theory? 
A. Breach of warranty.
B. Negligence.
C. Strict-liability in tort.
D. Failure to warn.
E. Failure to warn and breach of warranty.

Unlike negligence and strict-liability theories, breach of warranty stems from contract theory rather than tort theory.

Under which of the following is the breach of warranty theory of liability established? 
A. The Uniform Commercial Code.
B. The Federal Contract Guide.
C. The Federal Commercial Code.
D. The Restatement (Second) of Torts.
E. The Restatement (Third) of Torts.

Unlike negligence and strict-liability theories, breach of warranty stems from contract theory rather than tort theory. This theory of liability is established through the Uniform Commercial Code (UCC).

Under which of the following theories may a plaintiff be able to proceed even if the plaintiff cannot trace an injury caused by a product to any particular manufacturer? 
A. The shared liability theory.
B. The market share theory.
C. The trade theory.
D. The shared market liability theory.
E. The shared production theory.

Sometimes, however, some plaintiffs may not learn of their injuries until years after the injury occurs. By this time, plaintiffs cannot trace the product to any particular manufacturer. Recovery may be possible because of the market share theory.