BPUB621.2003.Lecture.Slides.2.Product.Liability

BPUB621.2003.Lecture.Slides.2.Product.Liability - [2](1):...

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Wharton School: [2](1): Product Liability in Tort Law Restatement of Torts (1) Manufacturing Defects Strict Liability: No level of production or marketing care can eliminate liability for harm to consumers (or foreseeable plaintiffs) (2) Design Defects Negligence Standard on design: the product design is not reasonably safe if there is a reasonable alternative design which could reduce or avoid the foreseeable risks of harm to consumers (3) Failure to Warn: Even if the design is not defective, there remains a duty to warn consumers of the remaining foreseeable risks of harm from using the product Negligence Standard on warnings: the product is defective if the manufacturer fails to adequately warn consumers of the foreseeable risks of harm Instructions and warnings must be reasonable in light of the risks
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Wharton School: [2](2): Product Liability in Tort Law Defenses for Manufacturers (1) Manufacturing Defects: Strict Liability Misuse: If the product is misused or used for a purpose that it is not intended, then the manufacturer would not be liable for the injuries (2) Design Defects: Negligence Unforeseeable Risks Contributory Negligence: plaintiff’s injuries were caused by negligence in the use of the product by the plaintiff, rather than the design of the product Automobiles must be “crashworthy” because automobile accidents are foreseeable risks (3) Failure to Warn: Negligence Unforeseeable Risks Clear and Obvious Danger of the product
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Wharton School: [2](3): Product Liability in Contract Law Implied Warranties Implied Warranty of Merchantability (UCC 2-314) Uniform Commercial Code is the uniform state law of contracts (1) “A warranty that the goods shall be merchantable is implied in a contract for sale if the seller is a merchant with respect to goods of that kind”
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BPUB621.2003.Lecture.Slides.2.Product.Liability - [2](1):...

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