MN Bar Torts 3

Question 1

Under strict products liability, a manufacturing defect occurs when:

Accepted Answer

The specific product unit departs from its intended design, making it more dangerous than the design specification called for

Answer

A manufacturing defect exists when the individual product unit deviated from the manufacturer's intended design, distinguishing it from a design defect, which affects every unit built to that design.

Question 2

In a design defect claim evaluated under the risk-utility test, a court asks whether:

Accepted Answer

The risks of the product's design outweigh its benefits, considering the availability of a reasonable alternative design that would have reduced the risk

Answer

The risk-utility test weighs the product's risks against its benefits and asks whether a feasible, safer alternative design was available, shifting analysis from consumer expectations to engineering tradeoffs.

Question 3

Which parties throughout the chain of distribution may be held strictly liable for placing a defective product into commerce?

Accepted Answer

Any commercial seller in the ordinary course of business, including manufacturers, distributors, and retailers

Answer

Strict products liability extends to all commercial sellers throughout the distribution chain — manufacturers, wholesalers, distributors, and retailers — regardless of fault or knowledge of the defect.

Question 4

In a strict products liability failure-to-warn claim, the plaintiff must establish that:

Accepted Answer

The manufacturer knew or reasonably should have known of the risk, failed to provide an adequate warning, and the inadequate warning caused the plaintiff's injury

Answer

A failure-to-warn claim requires proof that the manufacturer knew or should have known of the risk, the warning provided was inadequate, and the inadequacy causally contributed to the plaintiff's harm.

Question 5

Strict liability for abnormally dangerous activities typically applies when the activity:

Accepted Answer

Creates a high risk of serious harm that cannot be eliminated by exercising reasonable care and is not a matter of common usage in the community

Answer

Under the Restatement factors, strict liability for abnormally dangerous activities attaches to activities with extraordinary risks that reasonable care cannot eliminate and that are uncommon in the surrounding community.

MN Bar - Minnesota Bar Exam Practice Test

MN Bar - Minnesota Bar Exam Practice Test

MN Bar Torts 3