Which of the Following Is True Regarding a Lawsuit Brought

question 45

Multiple Choice

Which of the following is true regarding a lawsuit brought by Alice's parents against the manufacturer for strict liability as the theory is applied under Section 402A of the Restatement?

• A) Because neither Alice nor her parents were in privity of contract with the seller, a lawsuit based on strict liability in tort is barred.
• B) Privity of contract is not necessary in order to sue based on strict liability, so the fact that neither Alice nor her parents were in privity of contract with the seller would not prevent a strict-liability based action.
• C) Although privity of contract is not an issue, Alice's parents would be unable to prevail in a strict-liability action because Alice did not sustain permanent physical injury.
• D) Although privity of contract is not an issue, Alice's parents would be unable to prevail in an action against the manufacturer for strict liability because they did not read the instruction booklet.
• E) Alice's parents would be prohibited from suing the manufacturer because of the federal law prohibiting lawsuits for failure to warn in cases involving children.

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Definitions:

Dramatic Play

A form of play in which children adopt roles and act out scenarios, either real or imagined, for entertainment and learning.

Self-concept

An individual’s perception of themselves, encompassing beliefs, feelings, and thoughts about one's abilities and characteristics.

Extrinsic Motivation

Motivation driven by external rewards such as money, fame, or praise, rather than by intrinsic values.

Physical Aggression

Behaviors that involve the use of physical force with the intent to harm or intimidate another person.