Unformatted text preview: conspicuously (obvious) II) Tort Theories A) Negligence/Recklessness B) Strict Liability – the Plaintiff can recover from the Seller even if they can’t prove the Seller did anything wrong 1) Defendant is a merchant AND 2) Defendant sold the product in a defective condition AND 3) Defect renders the product unreasonably dangerous AND 4) Plaintiff was injured in result III) Defenses to Liability A) Statutes of Limitations B) Comparative Negligence – Plaintiff’s negligence reduces what they receive from the Defendant 1) Pure – doesn’t matter what percentage the plaintiff was at fault, they can still recover (a) If the problem was 99% the plaintiff’s fault, they can recover the remaining 1%. 2) Mixed – if the Plaintiff is greater than 50% at fault, they can’t recover damages (a) If the problem was 99% the plaintiff’s fault, they can NOT recover the remaining 1%....
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- Spring '07
- Contract Law, seller, Implied warranty, express warranty