Term
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Definition
| Liability imposed without a showing of intent or negligence |
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Term
| abnormally dangerous activity: |
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Definition
| activity for which a defendant is strictly liable if someone is injured; characterized as an activity having a high degree of risk of serious harm that cannot be eliminated with due care and whose value is outweighed by its dangerous attributes |
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Term
an owner of land will be held strictly liable if he engages in an activity on
his or her land which: |
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Definition
(1) involves a high degree of risk of (2) substantial harm to others that
(3) cannot be eliminated by the exercise of due care, where
(4) the activity is not a matter of common usage, (5) it is
inappropriate to the location, and (6) the danger of the activity outweighs its value to the community. Only some
of these elements need be present in order for a landowner to be held strictly liable. |
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Term
| What are the types of product liability claims? |
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Definition
*negligence
*warranty
*strict liability |
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Term
| What are the types of defects? |
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Definition
*manufacturing
*design
*warning |
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Term
| What are the damages in product liability? |
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Definition
Negligence: personal injuries, property damages
Warranty: personal injuries, property damages, economic loss
Strict Liability: personal injuries, property damages |
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Term
| What are the defenses that could be raised in negligent products liability? |
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Definition
*contributory negligence
*comparative negligence
*assumption of risk
*statute of limitations |
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Term
| What are the unique defenses that could be raised in warranty products liability? |
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Definition
*disclaimer
*limited remedies
*unreasonable time between discovery and notification |
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Term
| Under strict liability products liability what defenses can be raised? |
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Definition
*contributory negligence (misuse)
*comparative negligence (controversial)
*assumption of risk
*statute of limitations |
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Term
| certification of a class: |
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Definition
| court's agreement to allow one or more members of the class to serve as representatives for the other members of the class |
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Term
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Definition
| suit in which representative members of a class sue on behalf of other members of the class |
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Term
| A direct or remote purchaser of a defective product can sue under what theories of product liability? |
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Definition
*Negligence
*Express Warranty
*Implied Warranty
*Strict Liability |
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Term
| A user of a defective product can sue under what theories of liability? |
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Definition
*Negligence (if reasonably foreseeable)
*Express Warranty (if member of general class expected to be reached by warranty)
*Implied Warranty (some courts)
*Strict Liability |
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Term
| A bystander can sue under what theories of product liability? |
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Definition
| *Strict Liability (in some courts) |
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Term
| In a products liability case, you can sue the manufacturer, user or manufacturer of a component part, or lessor under what theories? |
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Definition
*Negligence
*Express Warranty
*Implied Warranty
*Strict Liability |
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Term
| In a products liability case, you can sue the retailer under what theories? |
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Definition
*Negligence (difficult to prove)
*Express Warranty
*Implied Warranty (except for sealed containers [in some courts])
*Strict Liability |
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Term
| In a products liability case, you can sue the seller of real estate or seller of a service under what theories? |
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Definition
*Negligence
*Express Warranty
*Implied Warranty (in some courts)
*Strict Liability |
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Term
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Definition
| defect arising out of a manufacturer's failure to file adequate warnings or directions for use. In other words, it is the warning that is defective rather than the product |
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Term
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Definition
| defect arising out of a manufacturer's use of an unreasonably dangerous design |
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Term
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Definition
| diminution in the value of a product |
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Term
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Definition
| express representation by a seller that a product possesses certain qualities |
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Term
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Definition
| representations as to a product's qualities that are implied by virtue of the product being offered for sale |
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Term
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Definition
| defect arising out of deviation in the manufacturing process |
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Term
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Definition
| prohibits a state tort law claim due to a federal enactment |
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Term
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Definition
| requirement that the plaintiff must contract directly with the defendant in order to recover for losses |
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Term
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Definition
| the liability of a manufacturer, seller, or other supplier of a chattel which, because of a defect, causes injury to a consumer, a user, or in some cases a bystander. Liability can be based on any of three theories of recover: *negligence, *warranty, or *strict liability |
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Term
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Definition
| statutes of limitations in reference to sale of products |
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Term
| unavoidably unsafe products: |
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Definition
| products incapable of being made safe for their ordinary and intended use |
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Term
| warranty of fitness for a particular purpose: |
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Definition
| implied warranty that goods are suitable to be used for a particular (noncustomary) purpose |
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Term
| warranty of merchantability: |
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Definition
| implied warranty that goods are fit for the ordinary purpose for which they are used |
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