Chapter 5 - Part Two Flashcards
Two reasons for the Pure Food and Drug Act of 1906?
“The Jungle” by Upton Sinclair
- book
- exposed chicago meat packing
Spanish American War
-soldiers fed bad meat and couldn’t fight
Another name for the Pure Food and Drug Act of 1906?
The Wiley Act
What did the Pure Food and Drug Act of 1906 require of people?
- forbid adulteration of food in interstate and foreign commerce
- set standards of purity/quality to follow
-if you didn’t follow standards, you just had to disclose that on label
MacPherson v. Buick
- crashed car b/c defective wooden spoke
- sued Buick manufacturer NOT local dealership
- manufacturer bought spoke from someone else first so said they shouldn’t be sued
- victim won in court
-court said they “negligently put car out on the market”
Caveat Emptor?
means “Let the buyer Beware”
- history of product safety up to 1900s
- could sell anything with no repercussions
6 things MacPherson v. Buick established regarding negligence?
Manufacturer is Liable if:
- negligently put product on market
- product was defective
- without inspection
- knew purchaser wouldn’t inspect
- product reached consumer is same condition it left factory
- caused HARm
3 defenses someone can take in a negligence case?
Assumption of Risk
-read me first books
Contributory/Comparative Negligence
- defendant says victim was negligent
- that’s why they were hurt
Intervening causation
- “but for” situations
- says victim was hurt because of another event
Products liability in Texas?
- manufacturer owes reasonable care of duty to customers
- manufacturer should recognize all those who they could potentially harm (foreseeable zone of danger)
Defenses to Negligence in Texas?
Intervening Causation
Contributory/Compartive Negligence
Baxter v. Ford Motor Company
Expressed Warranty
- baxter lost eye from shattered glass
- Ford Motor Company warranty said glass would not shatter
- made companies liable for what they said in advertisements
Case established 3 rules to determine if a Manufacturer is liable in a case like that
- Harm was caused
- Consumer relied on them
- material statement made (EX: Our glass won’t shatter) caused someone to buy the product because of it
Does Texas recognize express warranty torts?
Yes, under both
Common Law
Statutory Law
Henningsen v. Bloomfield Motors
Established Implied Warranty
- man buys car for wife
- car loses control and crashed 10 days later
- car destroyed so couldn’t prove defects
- Court rules against manufactuer
- said they have Implied Warranty of Merchantability (it is implied that a car will work properly when sold)
Two types of implied warranties Texas recognizes?
Implied Warranty of Merchantability
- product must be of fair/average quality
- product must be fit for intended purposes
- product must be adequately packaged
- product has to conform to promises on label
Implied Warranty of Particular Person
-seller should know the consumer’s
specific needs/expectations
-seller implies a guarantee product will perform as marketed to individual customer
Meaning of Caveat Veditor?
“Let the seller beware”
Explain the difference between Strict Liability and Negligence
- You sell a wild Mountain Lion to your friend and it later kills them
- you are Liable without Fault
- Is strict Liability not Negligence
