NC Bar Practice Questions - North Carolina Bar Examination Exam

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A manufacturer sold a power tool with a design that made it prone to overheating and catching fire. A consumer was burned when the tool ignited during normal use. On a strict products liability design-defect claim under the MBE majority approach, which test is most commonly applied?

The risk-utility test, asking whether a reasonable alternative design would have reduced the risk at acceptable cost Whether the manufacturer acted with malice Whether the consumer read the instruction manual Whether the product was sold below market value

Correct Answer:

The risk-utility test, asking whether a reasonable alternative design would have reduced the risk at acceptable cost

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