CLA/CP Exam Torts: Negligence and Liability 4

Question 1

Under strict products liability (Restatement Second §402A), a seller is liable when a product is sold in a 'defective condition unreasonably dangerous.' This standard applies to:

Accepted Answer

Any seller in the commercial chain of distribution

Answer

Section 402A strict products liability extends to all commercial sellers in the distribution chain, not just manufacturers, regardless of fault.

Question 2

A duty to warn about product dangers is generally triggered when:

Accepted Answer

The risk is non-obvious and the seller has superior knowledge of it

Answer

The duty to warn arises when the danger is not obvious to ordinary users and the manufacturer/seller has superior knowledge of the risk.

Question 3

In a 'modified comparative negligence' (50% bar rule) jurisdiction, a plaintiff who is found 50% at fault may:

Accepted Answer

Recover 50% of damages

Answer

Under the 50% bar rule, a plaintiff at exactly 50% fault may still recover (reduced to 50%), but recovery is barred at 51% or more.

Question 4

Which element of negligence asks whether the defendant's conduct fell below the applicable standard of care?

Accepted Answer

Breach

Answer

Breach is the element that evaluates whether the defendant's conduct fell below the standard of care owed to the plaintiff.

Question 5

The 'danger invites rescue' doctrine, established in Wagner v. International Railway, holds that:

Accepted Answer

A tortfeasor is liable to a rescuer injured while attempting to save a person endangered by the tortfeasor's negligence

Answer

The danger-invites-rescue doctrine recognizes that rescuers are foreseeable plaintiffs, making the original tortfeasor liable for injuries to reasonable rescuers.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Torts: Negligence and Liability 4