BLAW 3310 Exam 2 Questions and Answers (100% Pass)
11 views 0 purchase
Course
BLAW 3310
Institution
BLAW 3310
INTENTIONAL MISREPRESENTATION
→ false representation has been made knowingly or without belief in its
truth, recklessly, carelessly whether it be true or false
INTERFERENCE WITH PROSPECTIVE ADVANTAGE
→ a tort where there is an intentional and unjustified intervention with a
relationship ...
→ false representation has been made knowingly or without belief in its
truth, recklessly, carelessly whether it be true or false
INTERFERENCE WITH PROSPECTIVE ADVANTAGE
→ a tort where there is an intentional and unjustified intervention with a
relationship that a party had been developing with others in an effort
to obtain new business or more business
PRODUCT LIABILITY
→ the producer is responsible for any injury that the business' products
may cause.
PROBLEM WITH PRODUCT LIABILITY
→ often, the person who bought product didn't buy from manufacturer
(ex. cars at dealership - MacPherson v. Buick Motor)
CASE: MACPHERSON V. BUICK MOTOR
→ case that deals with product liability that said consumer can sue the
maker of a product directly - wooden spokes with crack - Buick was
charged with NEGLIGENCE because, even though they didn't make
the wheel, they could have inspected it.
STRICT LIABILITY DOCTRINE
→ was the product sold in a defective condition? Anyone who handled
a product in the chain of distribution is liable
→ Ford said windshield would never break. it did, and put Baxter's eye
out.
STRICT LIABILITY BASED ON EXPRESS WARRANTY (BAXTER V. FORD MOTOR)
→ when a product specifically doesn't live up to its warranty, anyone
who handled the product is liable (Baxter v. Ford Motor: Ford has
express warranty that says windshield will never break... it does and
puts Baxter's eye out. Baxter successfully sues.)
CASE: GREENMAN V. YUBA POWER
→ 1st case to deals with strict liability of manufacturer of a product.
Greenman's wife bought him a saw. Saw was defective (wiggled,
vibration onto board) - threw board at his head.
CATEGORIES OF PRODUCT DEFECT
→ a product: contains a manufacturing defect; is defective by design;
defective because of inadequate instructions/warnings. (180-185)
STATUTORY LIMITS ON LIABILITY: GOVERNMENTS HAVE LAWS THAT TRY TO LIMIT
LIABILITY
→ (1)Worker compensation statutes usually make that program the
exclusive remedy for injured workers, unless an intentional tort was
involved.
(2)Federal regulations that prescribe maximum allowable radiation exposure
levels set the standard of care upon which liability is based.
(3)As government contractors, manufacturers of products made to
government specifications are generally immune from product liability.
(4)Products that must follow federal regulations regarding label
requirements, including warnings of possible injuries, may not be subject to
common-law failure-to-warn actions. Such defenses are limited.
Master01 | September, 2024/2025 | Latest update
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ExamArsenal. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.