As Recognized by the Court in Sperry-New Holland V

question 51

Multiple Choice

As recognized by the court in Sperry-New Holland v.John Paul Prestage and Pam Prestage,which of the following is true under the risk-utility analysis of product liability?

• A)That a plaintiff must show that a retailer failed to do a proper risk-utility analysis before the plaintiff can recover against the retailer.
• B)That a product is unreasonably dangerous if a reasonable person would conclude that the danger-in-fact,whether foreseeable or not,outweighs the utility of product.
• C)That a plaintiff must show that a manufacturer failed to do a proper risk-utility analysis before the plaintiff can recover against the manufacturer.
• D)That a reasonable person must conclude that the use-in-fact of a product outweighs the risk-utility of the product.
• E)That if the plaintiff,applying the knowledge of an ordinary consumer,sees a danger and can appreciate that danger,then he cannot recover for any injury resulting from that appreciated danger.

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Definitions:

Medium Of Exchange

An intermediary instrument used to facilitate the sale, purchase, or trade of goods and services by eliminating the need for a coincidence of wants in barter transactions.

Poverty Alleviation

Refers to strategies and initiatives aimed at reducing the number of people living in poverty.

Economic Wellbeing

A measurement of how well individuals and societies can fulfill their needs and wants, often associated with income, employment, and quality of life.

National Income

The total value of all goods and services produced by a country over a specific period, typically a year, including income from abroad.