Date Company was not negligent. d. There is n o bes t position because it is wel
ID: 1165697 • Letter: D
Question
Date Company was not negligent. d. There is n o bes t position because it is well established that the evidence would be admitt aluable to society is unavoidably unsafe, thedeterm dangerous product is also defective. whether the a.adequacy of the warning label b. obviousness of the risk c. care in design and manufacture d. extent of the danger 38. In regard to strict liability in tort, which of the following is true in the case of a seller of used g oods? a. Sellers of used goods are not usually held strictly liable for goods sold. b A seller of used goods is strictly liable for defective repairs made by the seller c. A seller of used goods is usually held strictly liable only for inherently dangerous items such as power tools. d. A seller of used goods is usually held strictly liable only for inherently dangerous items such liable to a sophisticated user of its product for ed user knew or should have known of the risk, as power tools or for defective repairs made by the seller. defense, a manufacturer is not 39. Under the failure to wan of a risk harm, or danger if the sophisticat harm, or danger. a. excused warning b. unnecessary warning c.)?phisticated user d. absolute userExplanation / Answer
Solution-
If a product valuable to society is unavoidably unsafe, the adequacy of the warning label determines whether the dangerous product is also defective.
The correct option is A. adequacy of the warning label.
Reason-
All consumer products require warning labels that take risks for consumer protection - from Christmas lights and fireworks to medicine and industrial machinery everything is included. And not only should the products be taken as a warning label, but the label should be sufficient and there should be instructions for the safe use of the product.
The correct option is B. A seller of used goods is strictly liable for defective repairs made by the seller.
Reason-
In strict law, strict liability is the attachment of liability without the discovery of a fault on a party. The claimant has to prove only that the Tort happened and the respondent was responsible. The law enforces strict liability for those situations which it considers to be naturally dangerous.
The correct option is C. Sophisticated user.
Reason-
Sophisticated user protection, also known as learned intermediate theory, is widely used by pharmaceutical manufacturers against failure to warn claims in product liability lawsuits.
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