SOLVED

51) When a plaintiff cannot trace an injury caused by a defective product to any particular manufacturer, which theory may allow the plaintiff to still obtain a recovery? A) The shared liability theory. B) The shared production theory. C) The trade theory. D) The market share theory. E) The shared market liability theory. 52) What was the result in the case opener involving the lawsuit against the sperm bank for providing sperm with a genetic defect? A) The lawsuit was not dismissed, and the court ruled that a sperm bank could be sued under product liability laws. B) The lawsuit was not dismissed although the court ruled that the plaintiff could proceed only under a negligence theory. C) The lawsuit was dismissed because of the court’s decision that the sperm was not defective. D) The lawsuit was dismissed because of the court’s decision that the plaintiffs had suffered no damages. E) The lawsuit was dismissed because of the court’s decision that sperm is not a product. 53) What was the Supreme Court of California’s ruling in Kesner v. Pseuno Abex LLC, the case in the text in which the plaintiff sued his uncle’s employer for harm from contact with asbestos carried from the worksite on his uncle’s clothing? A) That the trial court’s dismissal of the case was reversed because employers owe a duty of care for exposure to third persons who may come into contact with asbestos that employees carry away from the worksite on their clothing. B) That the case was properly dismissed because the defendant did not have a duty of care to protect the plaintiff from take-home exposure to asbestos. C) That the trial court’s dismissal was reversed because premises owners owe a duty of care to unknown third persons. D) That the case was properly dismissed because the duty of care does not extend to family members. E) That the case was properly dismissed because Kesner had not been employed by the defendant. 54) Kobi was thrilled about his first new vehicle purchase. He borrowed funds from his bank with which to purchase the car. Unfortunately, just a few days after he purchased the vehicle, the pistons in the engine overheated causing the engine to seize and rendering the vehicle unusable. No one was injured, but Kobi is very upset about his vehicle and plans to sue. Which of the following is the most likely resolution of his claim? A) He will be allowed to proceed only if he can establish that he did appropriate research prior to purchasing the vehicle and had no reason to know that it was likely to be defective. B) He will be allowed to proceed if his sales contract contains a disclaimer that includes the word merchantability. C) He will be allowed to proceed so long as he is up-to-date on his loan payments. D) He will not be allowed to proceed because the only avenue for this type of claim is through a negligence action. E) He will be allowed to proceed because the vehicle was in a defective condition. 55) When an individual glass bottle of soda shatters in someone’s hand causing a cut, and most bottles of the same type do not ordinarily shatter in that manner, the most likely type of defect in that bottle is a ________ defect. A) Manufacturing B) Warning C) Design D) Negligent E) Punitive  Â