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Products Liability
Tort Liability
Negligence
Strict Liability
Restatement of Torts 402 A
Tort Liability
Negligence
a. Duty
b. Breach of Duty
c. Proximate Cause
d. Injury or damage
Strict Liability
Restatement of Torts : Section 402A
Imposes liability on Merchant sellers for both
personal and property damage resulting for
selling a product in a defective condition
Strict Liability402A
1. One who sells any product in a defective condition unreasonably dangerous to the user of consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
Strict Liability402A
2. The rule state in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Strict Liability 402ADefective Condition
Manufacturing Defect:
Product fails to meet manufacturing specifications
Design Defect:
Product manufactured correctly, but dangerous due to inadequate design
Failure to Warn: (a) adequate warning of Danger (b) appropriate directions (c) Proper packaging
Unreasonably Dangerous
Product is unreasonably dangerous if it
contains a danger beyond that which the
ordinary consumer, who purchases the
product with common knowledge of its
characteristics, would contemplate.
Food Products
Natural substance test
If substance in food is natural to the product than no liability
Reasonable expectation test
Liability based on reasonable expectation of finding substance in the product.
Broken tooth due to cherry pit in cherry pie
Entrustment Doctrine
If the owner of goods entrusts them to a merchant who deals in goods of the kind sold and the merchant sells them in the ordinary course of business to a bona fide purchaser for value the purchaser gets good title even though the merchant did not have good title.
Transfer of Voidable Title
A seller with voidable title transfers a good title to good faith purchasers for value.
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