Chapter 6 - manufactures. Punitive damages: punish. To send...

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Chapter 6 Fault-based Theories, Negligence: defendant breached a duty of due care to the plaintiff that caused the plaintiff’s injuries. Unforeseeable liabilities, they we will not post the duty. Let the buyer be aware of any defects. That’s why we have the product liabilities. Misrepresentation: seller or lessor fraudently. Strict liability: liability without fault. California adopted doctrine of strict liability in tort as a basis for product liability actions. Most states now recognize this doctrine. There are reasons against for strict liability. It doesn’t require showing the breach of the duty care. For example, I sell the lawn mower, and then I am not the professional seller. If I sell it to the neighbor, then he can’t sue me, but he can sue the manufacture. Do you sell it as a warrenty, I don’t know if you have any negligence. Deseret industry, Goodwill industry, Any injured party can be the strict liability plaintiffs. I buy the lawn mower from you, but Bystander to watch the fireworks, then you can be the strict liability plaintiff and sue against the fireworks
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Unformatted text preview: manufactures. Punitive damages: punish. To send the message To deter people from the actions that they are trying to do. Trucks design without backup warning device. Improperly design if the truck doesnt have it. Defect in design: Crashworthiness Doctrine: take into one of the collusions that is a persons moving around and get hurt Failure to warn: defect that occurs when a manufacture does not place a warning on the packaging of products that could cause injury if the danger is unknown. Defect of packaging, e.g. if you buy a bottle of water, and just pick it up, and the cap shoot up and hurt the eyeball. In the chain of distribution like the supermarket could also be one of the Supervening Event Statute of limitations, the defendant needs to raise if it is run of the statute of limitation. Statute of repose is no longer for defense. Contributory negligence:...
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