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:

Nominal Fallacy

The misconception that naming something explains it, without understanding the underlying causes or nature of what is being named.

Instinct Theories

Theories that propose individuals are driven to behave in certain ways due to evolutionary programmed instincts.

Labeling

The process of identifying and naming behaviors, conditions, or phenomena, often leading to the categorization or stigmatization of individuals within societal contexts.

William McDougall

A British psychologist and one of the founding figures of social psychology, known for his work on instinct and the social nature of human beings.