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21 Cards in this Set
- Front
- Back
Product liability
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The liability of manufacturers, sellers, and others for the injuries caused by defective products
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Negligence
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A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff
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Intentional misrepresentation
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A tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby. Also known as Fraud
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Strict liability
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A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect
IRRESPECTIVE of fault |
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Chain of distribution
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All manufacturers, distributors, wholesalers, retailers, lessors and sub component manufacturers involved in a transaction
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Product Defect
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Something wrong, inadequate, or improper in the manufacture, design, packaging warning or instructions about a product
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Defect in manufacture
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A defect that occurs when a manufacturer fails to
properly assemble a product properly test a product adequately check the quality of the product |
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Defect in Design
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a defect that occurs when a product is improperly designed
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crashworthiness doctrine
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A doctrine that says a automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm from a person's body striking something inside the automobile in the case of a car acident.
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Failure to warn
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A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown
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Defect in packaging
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A defect that occurs when a product has been placed in packaging that is insufficiently tamperproof
tamperproof packaging |
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Failure to provide adequate instructions
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A defect that ocurs when a manufacturer does not provide detailed directions for safe assembly and use of a product
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Punitive damages
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Monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff
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Generally known dangers
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A defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so
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Government contractor defense
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A defense that says a contractor who was provided specifications by the governemtn is NOT liable for any defect in the product that occurs as a result of those specifications
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Misuse
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A defnse that relieves a seller of product liability if the user abnormally misused the product.
Products must be designed to protect against foreseeable misuse |
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Supervening event or intervening event
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An alteration or modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability
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Statute of limitations
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A statute that requries an injured person to bring an action withing a certain number of years from the time that he or she was injured by a defective product
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Statute of repose
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A statute that limits the seller's liabilty to a certain number of years from the date the product was sold
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Contributory negligence
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A defense that syas a person who is injured by a defective product but has been negligent and has contributed to their own injuris CANNOT recover from the defendant
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Comparative fualt
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A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages
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