second exam - Yun(Melody Jin MGT 511A Second Mid-Term Exam...

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Yun (Melody) Jin MGT 511A Second Mid-Term Exam 1.Identify and briefly describe each of the three different theories upon which a strict liability in tort (products liability) claim may be based. 1) Merchant Sellers: Section 402A imposes liability upon a person who is in the business of selling the product involved. It does not apply to an occasional seller. The section is similar to the implied warranty of merchantability, which applies only to sales by a merchant with respect to goods of the type in which he deals. 2) Defective Condition: In an action against a defendant manufacturer or other seller to recover damages under the rule of strict liability in tort, the plaintiff must prove a defective condition in the product, but she is not required to prove how or why the product became defective. Under a strict liability approach, a manufacturer will be held liable even though it did not act negligently. 3) Unreasonably dangerous: Section 402A liability applies only if the defective product is unreasonably dangerous to the user or consumer. An unreasonably dangerous product is one that contains a danger beyond that which the ordinary consumer, who purchases the product with common knowledge of its characteristics, would contemplate. 2.Michael seeks to exercise the option and Pamela refuses to sell Greenacre to him. Must Pamela sell the land to Michael?
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