Strict Liability, Products Liability - Exercise C - Rlg

Front 1

1. Define and list the elements of strict liability.

Back 1

A Duty - an absolute duty upon the defendant to make safe; A Breach of duty - the circumstances were unsafe (without regard to fault); Causation - the breach was the actual and proximate cause of the injuries suffered; and Damages - damages resulted to the plaintiff's person or property. P 41.

Front 2

2. List the four common activities covered by
strict liability.

Back 2

Abnormally dangerous activities, liability for animals, products liability (including construction defects in some states), and vicarious liability.

Front 3

3. Give an example of an activity in each the categories
in question 2 which would constitute
strict liability (other than those in the text).

Back 3

Transporting nuclear waste; possessing a bull in a residential area; defective laptop batteries which can catch fire and a postman misdelivering mail incurs liability upon the employer, the U.S.P.S.

Front 4

4. Under which activity (in question 2) would each
of the following injuries most likely be covered?:
Substantive Law for Paralegals: Tort Law 75
a. personal injury from defective car brakes
b. cancer from cigarettes
c. a snake bite by a neighbor's pet rattlesnake
d. an explosion at a nuclear glycerin producing
plant
e. a broken mailbox hit by a appliance delivery
person working at the time
f. a vandalized garage door by a neighbor's
14 year old child

Back 4

a. personal injury from defective car brakes
PL
b. cancer from cigarettes
PL
c. a snake bite by a neighbor's pet rattlesnake
AL
d. an explosion at a nuclear glycerin producing
plant
ADA
e. a broken mailbox hit by a appliance delivery
person working at the time
VL
f. a vandalized garage door by a neighbor's
14 year old child
VL

Front 5

5. Identify and define the primary defense to
strict liability.

Back 5

Assumption of risk

Front 6

6. If Ty drove a truck which he knew had a defective
tire and he was injured when the tire exploded,
what would the tire manufacturer have
to prove to establish the defense (in question 5)?

Back 6

Assumption of risk through contributory negligence. P 45

Front 7

7. The six theories under which a person may
sue for products liability are:

Back 7

Strict Liability
Negligence
Intentional Tort
Implied Warranty
Express Warranty
Misrepresentation
P 47

Front 8

8. List the two types of "product defects" and
give an example of each.

Back 8

Design defects: car gas tank placed too close to the back bumper, creating a fire hazard
Manufacturing defect: home toaster made with a defective thermostat, causing overheating dangers

Front 9

9. What is the standard applied to commercial
suppliers of goods when assessing if suppliers
made an "unreasonably dangerous" product?

Back 9

Is the product unreasonably dangerous to ordinary users based on reasonably foreseeable uses

Front 10

10. List the two types of implied warranties and
give an example of how each would apply.

Back 10

Merchantability, see text example
Fitness for a particular purpose, see text example

Front 11

11. Describe the basic difference between the
two implied warranties.

Back 11

Merchantability refers to goods being fit for ordinary uses and Fitness for particular purpose refers to goods being provided are suited for the purposes intended for it’s use.

Front 12

12. When can an implied warranty not be disclaimed?

Back 12

When personal injury is involved.

Front 13

13. Describe the difference between a valid express
warranty and "sales puffing".

Back 13

Puffing are non-binding boastful comments/opinions and warranties are specific, factual guarantees.

Front 14

14. Under what circumstance can an express warranty be disclaimed?

Back 14

Only when the disclaimer is consistent with the warranty.

Front 15

15. Define the claim of misrepresentation, generally,
in products liability cases.

Back 15

Misrepresenting a material fact about the product which is justifiably relied upon by the consumer and which induces the consumer to by the goods

Front 16

16. What are the two types of misrepresentation
claims and what is the difference between them?

Back 16

Intentional and Negligent Misrepresentation where one is based on intent to mislead/deceive and the other is based on lack of care and is unintentional.

Front 17

17. Is assumption of risk a defense to the tort of
misrepresentation? If not, why not?

Back 17

It is a defense to negligent misrepresentation, but, not to intentional misrep. Because the law does not require we assume the risk that others may lie or otherwise intend to deceive us.

Front 18

18. State an example of negligent misrepresentation
in a products liability case.

Back 18

A home seller inadvertently tells buyers that the homes come with a water softener, when they do not, and this fact was both relied upon and induced the consumer to buy.