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6 Cards in this Set
- Front
- Back
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Manufacturer fell below reasonable standard of care by...
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1. manufacturing defect
2. design defect 3. inadequate inspection (QA) 4. improper warnings 5. improper instructions |
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Defenses for Prod. Liability
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1. comparative negligence (rule defined by % of plaintiff and defendant)
2. assumption of risk 3. open and obvious risk (failure to warn) 4. Product misuse |
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Duty to warn...
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reasonably forseeable risk;
severity of the harm; how difficult would it be to warn; likely effectiveness of warning |
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Express Warranty
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affirmation of fact about a particular product
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Implied Warranty of Merchantability UCC 2-314(1)
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if seller is a merchant, then goods must be merchantable
1. must pass w/o objection in trade 2. fit for ordinary purpose 3. run of even kind, qualitity and quantitiy 4. adequetely packed and labeled |
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Doctrine of Strict Liablitiy
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applies to prodcuts that are defective and sold in defective condition and the defect caused personal injury
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