The Formulation of Strict Liability Stated by Section 402A of the Restatement

question 23

Multiple Choice

The formulation of strict liability stated by Section 402A of the Restatement of Torts, Second lays down that:

• A) the failure to warn a potential user of possible hazards cannot make a product defective, whether dangerous or even unavoidably safe.
• B) when the product contains an ingredient that could cause toxic effects in a substantial number of people and its danger is not widely known, the lack of warning cannot make the product unreasonably dangerous within the meaning of the Restatement.
• C) strict liability under the rule doesn't apply to a private individual who sells his own automobile.
• D) faulty packaging or sterilization may not be used as the ground for liability if the product deteriorates before being used.
• E) strict liability does not apply if the user has not purchased the product from the seller nor has the user entered into any contractual relation with the seller.

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Definitions:

Defense Mechanism

Psychological strategies used by the unconscious mind to protect itself from anxiety arising from unacceptable thoughts or feelings.

Existentialism

The view that people are completely free and responsible for their own behavior.

Thematic Apperception Test

A psychological assessment tool that uses a series of provocative yet ambiguous images to elicit responses that reveal a person's underlying motivations, feelings, and attitudes toward complex life situations.

Rorschach Inkblot Test

A psychological test in which a person's perceptions of inkblots are recorded and analyzed using psychological interpretation.