1
CONCEPT
Problems with Strict Products Liability
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that's 100% RETAKE
21 questions were answered .correctly
A drug manufacturer of an oral contraceptive is sued for strict product liability when Alana su ered severe sideff
effects from the drug. The manufacturer defends against the claim on the basis of assumption of risk and proves
that both the prescribing physician and Alana knew of the potential side e ects, and that Alana continued to useff
the drug after she experienced those side e ects.ff
How strong is the manufacturer's defense against Alana's claim?
Strong, because the utility of oral contraceptives outweighs their
known side e ects.ff
Strong, because Alana knew of the potential for side e ects,ff
actually su ered these side e ects, and decided to continue to useff ff
the drug anyway.
Weak, because assumption of risk is not a recognized defense to
strict product liability claims involving pharmaceuticals.
The strength of the defense cannot be determined without knowing
if the drug came with a written warning about potential side e ects.ff
UNIT 2 — MILESTONE 2 SCORE
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CONCEPT
Buyer's Remedies Under the Uniform Commercial Code
3
Report an issue with this question
Heidi purchases an original work by one of her favorite sculptors from an art dealer for $8,000. When the
sculpture arrives, Heidi determines that she no longer likes it and refuses delivery.
