Chapter 6

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Chapter 6
2012-02-12 17:05:24
Business Law

Strict Liability
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  1. Strict Liability
    a tort basis for product liability A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault.

    dont look at intent automatic liability
  2. Liability without Fault
    found as a guideline for strict liability plantiff does not need to prove defendant breached a duty of care. Strict lianilit is liability w.o fault a seller cn be found strictly liableeven though he or she has exercised all possible care in the preparation
  3. Chain of distribution
    All manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction are liable
  4. Defective Product
    • Defect in manufacture
    • Defect in design
    • Failure to warn
    • Defect in packaging
    • Failure to provide adequate instructions
  5. Defense to Strict Liability/Product LIability
    generally known dangers: A defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so. ex: guns

    government contractor defense: A defense that says a contractor who was provided specifications by the government is not liable for any defect in the product that occurs as a result of those specifications.

    misuse A defense that relieves a seller of product liability if the user abnormally misused the product. Products must be designed to protect against foreseeable misuse.
  6. Marketshare liability
    same rules of strict liability. Liability according to market share. Multiple companies being sued only sue each company by their market share of product. (preganacy pill)
  7. Damages
    • 2 types:
    • Legal- compensatory, punitive and nominal

    Equity- court order telling you to do something ex: restraiing order