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1. The manufacturer of goods is liable in tort to users for foreseeable harms ca

ID: 466955 • Letter: 1

Question

1. The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is:

    a. negligence in tort

    b. caveat emptor

    c. proximate cause

    d. strict liability

2. In a suit for intentional misrepresentation, punitive damages may be awarded.

    a. true

    b. false

3. Risk-utility balancing refers to the fact that:

    a. some products cannot be made completely safe

    b. all products can be made safe if manufacturers are willing to spend enough money

    c. some products are inherently dangerous and should be banned from the market

    d. consumers will always manage to hurt themselves by improperly using products

    e. manufacturers must disclose all risks to using their product before putting it on the market

Explanation / Answer

The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods. This is negligence in tort. If an individual fails to act in a reasonable manner with a person whom he is dutiful and any negligence causes personal or monetary injury to the concerned party.

The statement is True, the punitive damages may be awarded for intentional misrepresentation If the defendent or the plaintiff indulge in intentional misrepresentation of facts and is thus proved then the other party will be liable for punitive damages.