BLAW 3310 Exam 2 Questions and Answers (100% Pass)
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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
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