Chapter 7

Question 1

Define privity of contract

Answer 1

Relationship that exists between two parties or more by virtue of their having entered into a contract

Question 2

Describe the latter of supply

Answer 2

The latter of supply shows how are defective product gets from the manufacturer to eventual users. Not all possibilities are noted here, since so much depends on a particular product other rungs might include the labeller, assembler, or bottler. Installers, inspectors, and repairs might be found liable if they fail to warrant of a dangerous hazard. And if information becomes available at some later date, they must warn those in danger of injury

Question 3

List the 7 stages in the ladder of supply from top to bottom

Answer 3

1. Manufacturer and manufacturer’s agent
2. Manufacturer’s agent
3. Distributor or jobber
4. Wholesaler
5. Retailer
6. Installer, inspector, or repairer
7. Purchaser, consumer, or user

Question 4

How is a Breach of contract - tort linked to product liability?

Answer 4

Product liability claims may arise out of a breach of contract or in tort through the wrongful action of anyone on the ladder. The particular circumstance determines the eligibility of the injured party to choose the appropriate legal approach. In law, each approach applies its own set of rules. The evolution of products liability is tied to each of the following situations resulted in landmark cases

Question 5

What are some landmark cases linked to breach of contract - tort ?

Answer 5

1. MacPherson v. Buick Motor Co. (1916) - part of a wheel of an automobile is defective
2. Buckley v Mott (1919) - a person buys an ice cream bar that contains powdered glass
3. Donoghue v Stevenson (1932) - a soft drink bottle contains a decomposed snail

Question 6

Define burden of proof

Answer 6

The standard by which a claim must be proven to prevail. The burden of proof is typically borne by one party or another

Question 7

In a tort action whom has the burden of proof?

Answer 7

And tort actions, the burden of proof is upon the person bringing the action, the plaintiff, to prove that the defendant was negligent.

Question 8

Why is res ipsa loquitur useful for an injured claimant when insufficient evidence supports an action?

Answer 8

Res ipsa loquitur is it useful rule of evidence for an injured claimant one’s insufficient evidence exists to support the action. And allows the burden of proof to shift to the manufacturer to show that it was not negligent. The premise of res ipsa loquitur holds that the accident could have occurred only because of the manufacturer’s negligence. That’s, the accident could only have happened due to the manufacturer’s negligence in producing the merchandise and the manufacturer was in control the product at all times

Question 9

Why is it often difficult to prove negligence of the manufacturer?

Answer 9

It is often difficult to prove the negligence of the manufacturer because a close examination of the process is not available to the plaintiff. The plaintiff must show that the product was in a defective State when it left the control of the manufacturer, the defect cause the damages the plaintiff suffered, and the defect was the result of the manufacturer’s negligence

Question 10

Why can liability regardless of fault be imposed on a defendant?

Answer 10

Liability regardless of fault may be imposing defendant because of strict liability applied to dangerous products, food and drink, medicines, and products related to medicines. For such claims, the defendant will not escape liability by asserting reasonable care was taken

Question 11

When do products liabilities claims arise?

Answer 11

Product liability claims may arise from breach of contract or breach of warranty under a contract of sale

Question 12

When is the legal doctrine privity of contract established?

Answer 12

The legal doctrine of privity of contract is established between the buyer and the seller, limiting the enforcement of the contracts obligations between them. Even a buyer’s family member would not have the right to enforce the contract of sale provisions

Question 13

The preview contract rule prevents plaintiffs from rung jumping on the water of supply. Under provincial and territorial sale of goods legislation enacted to protect consumers, the buyer of goods is entitled to a warranty of fitness from the seller. The legislation of firms that products sold must be warranted to meet the following criteria

Answer 13

1. Be reasonably fit for their intended use

2. Be of merchantable quality

Question 14

What can happen if a product does not meet warranted conditions?

Answer 14

If a product does not meet the warranted conditions, a suit may be brought on the basis of breach of contract. Certain conditions must apply to the sale to qualify for warranty under the legislation

Question 15

What conditions must apply to a sale to qualify for the warranty under the legislation

Answer 15

1. The buyer must rely on the scale and judgment of the seller to provide suitable goods
   - did the seller describe the product to the buyer?
   - did the seller provide guidance to the buyer and selecting and purchasing the product?
   - did the buyer indicate why he or she was buying the product?
   - the decision to buy the product May indicate the buyer relied on the seller’s judgment
2. The goods sold must fit within the seller scope of business
   - when the seller decides to sell goods it usually sufficient to establish this parameter even if it was the first time the seller sold them

Question 16

In what circumstance can a buyer recover damages from the cell regardless of negligence?

Answer 16

If the goods are not fit for the purpose for which they are required and consequently cause injury or damage to buyers, buyers can recover damages from The cellar regardless of negligence. Therefore, a type of strict liability exists because there is no need for claimants to prove negligence.

Question 17

How can an individual attempt to narrow the liability in a contract?

Answer 17

In an attempt to narrow the liability in a contract, and express warranty may describe the condition of the article and it’s acceptability to the receiver.

However if the warranty tries to dismiss a fundamental term of the contract, it will probably not stand up in court

Question 18

Where is the law considerably heavier burden on manufacturers and suppliers, United states, or Canada?

Answer 18

In the united states, the interpretation of the law by the courts of many states has placed a considerably burden on manufacturers and suppliers then is the present situation in canada. A doctrine of strict liability is prevalent, which implies that the manufacturer will be held liable without the plaintiff being required to prove negligence. In canada, the law in all of the provinces and territories contain some degree of strict liability

Question 19

What constitutes a warning to be adequate?

Answer 19

For warnings to be adequate, enough information must be passed on to allow the consumer to make an informed decision as to whether to accept the risk of using the product.

Question 20

What products are held to a higher standard for an adequate product label?

Answer 20

Manufacturers of products that are considered inherently dangerous such as guns, fireworks, gas furnaces, or dangerous chemicals, will be held to a higher standard of care to the customer. As the customers potential severity of injuries increases, the manufacturer’s responsibilities for taking precautions and providing warnings also increases

Question 21

Who must prove adequate warning on the article if it is inherently dangerous?

Answer 21

If the product is inherently dangerous or contains a possible concealed trap, the manufacturer or the one who provides, supplies, or cells these products, must provide adequate warning on the article.

Question 22

True or false a general warning is not adequate?

Answer 22

True

Question 23

Fill in the blank the more dangerous the possible outcome of any misuse, the higher the _________ on the manufacturer to provide the type of warning that will eliminate the danger

Answer 23

Onus

Question 24

What may be available to manufacture when a product is not used in accordance with the instructions are warnings accompanying it?

Answer 24

A defense may be available to the manufacturer when a product is not used in accordance with the instructions or warnings accompanying it. Generally, there is no duty to warn for obvious dangers.

Question 25

What is the manufacturer’s responsibility when they discover a product defect?

Answer 25

If the manufacturer of a product discovers that there has been a defect in the product, it is its responsibility to warm its customers. Recalls a customer’s products such as automobiles and electrical appliances are common? Manufacturers employ various media to ask purchasers to return a certain model for repair or replacement.

Question 26

Define contributory negligence

Answer 26

Many accidents are the partial fault of both parties who are involved in the accident. The plaintiff who sues another party for damages may also be guilty for some negligence, which is a concurrent cause of the damage and is therefore guilty of contributory negligence

Question 27

List some defences for the manufacturer’s for product liability

Answer 27

Contributory negligence 
Abnormal use
Voluntary assumption of risk
Intermediate examination 
Learned intermediary rule