Which of the following was true prior to the landmark 1916 case of MacPherson v. Buick Motor Company?

Which of the following are commonly used theories of recovery in product liability cases? 
A. Negligence, negligence per se, and breach of warranty.
B. Strict product liability, negligence per se, and breach of warranty.
C. Breach of warranty, negligence, and negligence per se.
D. Negligence, strict product liability, and breach of warranty.
E. Civil, criminal, and administrative.

There are three commonly used theories of recovery in product liability cases: negligence, strict product liability, and breach of warranty.

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit? 
A. That the product is defective.
B. That the defect should have been discovered and fixed prior to sale.
C. That the defendant was negligent.
D. That the product is defective and also that the defect existed when the product left the defendant's control.
E. That the product is defective, that the defect existed when the product left the defendant's control and also that the defendant was negligent.

While a plaintiff must establish different elements under the product liability theories, the plaintiff must generally show two common elements: (1) that the product is defective, and (2) that the defect existed when the product left the defendant's control.

When an individual product has a defect making it more dangerous than identical products, that individual product is said to have which of the following defects? 
A. Design.
B. Warning.
C. Primary.
D. Exclusionary.
E. Manufacturing.

When an individual product has a defect making it more dangerous than other identical products (the 200 other Diet Coke bottles at the grocery store), this individual product has a manufacturing defect.

When all products of a particular design are defective and dangerous, those products have which of the following type of defects? 
A. Design.
B. Warning.
C. Primary.
D. Exclusionary.
E. Manufacturing.

When all products of a particular design are defective and dangerous, these products have a design defect.

Which of the following was true prior to the landmark 1916 case of MacPherson v. Buick Motor Company? 
A. Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty.
B. Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing causation.
C. Negligence was often used as a theory of recovery because of the ease in establishing privity of contract.
D. Causes of actions against manufacturers of products were barred federal law.
E. Causes of actions against manufacturers of products were barred by an amendment to the U.S. Constitution that has since been repealed.

Prior to the landmark 1916 case of MacPherson v. Buick Motor Co., negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty. Until that case, the courts said that a plaintiff who was not the purchaser of the defective product could not establish a duty of care, because one could not owe a duty to someone with whom one was not "in privity of contract." Following MacPherson, any foreseeable plaintiff can sue a manufacturer for its breach of duty of care.

Which of the following is a reference to being a party to a contract? 
A. Being in privity of contract.
B. Being in association with contract.
C. Being in connect to contract.
D. Being in affiliation with contract.
E. Being connected by contract.

Being in privity of contract means being a party to a contract.