Strict Liability and Products Liability, MBE prep certification 2026

Progress: 24% (23/94)

Learning progress ?

1. In a suit by the plaintiff against Chemco, based on strict liability, the plaintiff willNot learned 2. The bartender has brought an action against Winery, Inc., alleging that the bottle that caused his injury was defective and unreasonably dangerous because its label did not warn that the stopper might suddenly shoot out during opening. The state has merged contributory negligence and unreasonable assumption of risk into a pure comparative fault system that is applied in strict products liability actions. A jury made the following findings of fact: that the bottle was defective and unreasonably dangerous because it lacked a warning, that a legally sufficient warning would not have prevented the bartender's injury, and that a reasonable bartender would have realized that a stopper could eject from the bottle and hit his eye. Will the bartender recover a judgment in his favor?Not learned 3. If the plaintiff sues the manufacturer to recover the loss he has suffered as a result of the destruction of the cabinet's original finish, will the plaintiff prevail?Not learned 4. If the supplier is subject to liability to the plaintiff for damages, should the award include damage for emotional distress he has suffered arising from his knowledge of the increased risk that he will develop lung cancer?Not learned 5. If the rescuer brings an action against the retailer to recover damages for his injuries, will the rescuer prevail?Not learned 6. In that action, the pilot will recoverNot learned 7. Assume that the defendant knew his dog would often chase cars but refused to restrain it. If the plaintiff asserts a claim against the defendant, will the plaintiff prevail?Not learned 8. Will the plaintiff prevail?Not learned 9. If the farmer brings an action against the chemical company to recover the value of the cows that died, the farmer willNot learned 10. In the plaintiff's action for damages against the builder, the plaintiff shouldNot learned 11. In this action, will the employee prevail?Not learned 12. Based upon the foregoing facts, if the roommate sues the shampoo company to recover damages for his dermatitis, his most promising theory of liability will be that the No-Flake shampooNot learned 13. Which of the following would constitute a defense for the shampoo company?Not learned 14. In an action by the plaintiff against the construction company to recover damages for his injuries, the plaintiff willNot learned 15. Will the arsonist prevail?Not learned 16. In this action, an issue that is relevant to the case and is a question for the court to decide as a matter of law, rather than for the jury to decide as a question of fact, is whetherNot learned 17. This motion should beNot learned 18. In this suit, the result should be for theNot learned 19. Is the patient likely to recover damages in an action against the dentist based on strict products liability and malpractice?Not learned 20. Will the consumer be likely to prevail in an action against the store?Not learned 21. In a suit by the worker against the homeowner based on strict liability in tort to recover for his injury, will the worker prevail?Not learned 22. If there is no other applicable statute, for which party should the court enter judgment?Not learned 23. Is the driver likely to prevail?Not learned 24. If, at the conclusion of the evidence, both parties move for directed verdicts, how should the trial judge rule?Not learned 25. If the worker were to sue the company, would the worker be likely to prevail?Not learned 26. In a suit by the homeowner against the manufacturer of the furnace to recover for his injury, is the homeowner likely to prevail?Not learned 27. What would be the mining company’s best defense?Not learned 28. Should the manufacturer's motion be granted?Not learned 29. Does the homeowner have a viable claim against the manufacturer of the snowblower for damages?Not learned 30. In an action by one of the affected residents against the chemical company, will the resident be likely to prevail?Not learned 31. Are the residents of the uninfested building likely to prevail in a tort action against the fumigation company?Not learned 32. In an action by the worker against the elevator manufacturer to recover for his back injury, is the worker likely to obtain a judgment for 100% of his damages?Not learned 33. On which of the following theories is the spectator most likely to be able to obtain a summary judgment as to liability?Not learned 34. Do the injured building occupants have viable strict liability claims against the sand distributor?Not learned 35. In a failure-to-warn action brought against the manufacturer of the medication, which of the arguments below would be the LEAST promising as a defense?Not learned 36. Does the farmer have a viable strict products liability claim against the manufacturer for recovery of his lost revenue?Not learned 37. Does the couple have a viable strict products liability claim against the manufacturer of the RV?Not learned