Courts o said it was not foreseeable that the ship

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Courts o Said it was not foreseeable that the ship would block the river o With regard to Kinsman, the city of Buffalo was more responsible than Kinsman But people on Kinsman should have taken more steps to prevent the accident (like drop anchor) Ice flow was foreseeable But here we have a unique argument on foreseeability o Defense said that the number of houses that were damaged, the extent of the damage was unforeseeable, though that there would be damage was foreseeable o Courts didn’t take this; everything up until what happened was foreseeable Bailment (mentioned in earlier case) When you lend someone your property, you can expect to get it back okay If you put something in storage, that’s a bailment But you as the owner of the property also have responsibilities, especially for hazardous things o Car is very hazardous object o If you lend car to someone, and you know that that someone is dangerous, and that person has an accident, you are partially responsible o The idea of “knew, or should have known” comes into play here, as it does in defamation o With ownership comes a liability o Safest thing is to say no to lending to a person who is risky Must always think it through in torts Product liability
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Combination of contracts and tort Manufacturer has manufactured good, having made many decisions about good (like quality, safety, etc.) Manufacturer sells through many channels, and eventually the product gets to you The product is defective, and you sue You want to sue manufacturer, but you have no privity —no contact—with manufacturer o You can only sue the seller, the person with whom you had a contract Five considerations (basically ways to get around privity and sue manufacturer) o Fraud – two types Commission If manufacturer lies about product, that’s fraud Based upon fraud, you can go back and sue manufacturer (you are not limited to just suing the seller) But there is an issue with puffery o You have ability to put your product in best possible light o Blowing up image of object Omission You know something is hazardous, but you don’t disclose information Pharmaceutical ads
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