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The formulation of strict liability stated by Section 402A of the Restatement of

ID: 423741 • Letter: T

Question

The formulation of strict liability stated by Section 402A of the Restatement of Torts, Second lays down that:

Question 10 options:

the failure to warn a potential user of possible hazards cannot make a product defective, whether dangerous or even unavoidably safe.

when the product contains an ingredient that could cause toxic effects in a substantial number of people and its danger is not widely known, the lack of warning cannot make the product unreasonably dangerous within the meaning of the Restatement.

strict liability under the rule doesn't apply to a private individual who sells his own automobile.

faulty packaging or sterilization may not be used as the ground for liability if the product deteriorates before being used.

strict liability does not apply if the user has not purchased the product from the seller nor has the user entered into any contractual relation with the seller.

the failure to warn a potential user of possible hazards cannot make a product defective, whether dangerous or even unavoidably safe.

when the product contains an ingredient that could cause toxic effects in a substantial number of people and its danger is not widely known, the lack of warning cannot make the product unreasonably dangerous within the meaning of the Restatement.

strict liability under the rule doesn't apply to a private individual who sells his own automobile.

faulty packaging or sterilization may not be used as the ground for liability if the product deteriorates before being used.

strict liability does not apply if the user has not purchased the product from the seller nor has the user entered into any contractual relation with the seller.

Explanation / Answer

The answer to the following question is A. the failure to warn a potential user of possible hazards cannot make a product defective, whether dangerous or even unavoidably safe.

This is because of the fact that when a product is made up of any material that could be toxic if not used properly if the company fails to mention or create a possible warning that the customers can read would then become the reason for the increased health risk such a product might impose on the customer becoming a strict liability.

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