Chapter 7

Question 1

Define privity of conduct

Answer 1

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

Question 2

What 3 cases illustrate breach of contract tort for products?

Answer 2

Macpherson vs Buick motor co.-part of the wheel of an automobile is defective
Buckley vs mott-a person buys an ice cream bar that contains powdered glass
Donoghue vs Stevenson-a soft drink bottle contains a decomposed snail

Question 3

Explain contract theory of products liability

Answer 3

-The legal doctrine of private of contract is established between the buyer and seller
-The privity rule prevents plaintiffs from rung-jumping on the ladder of supply
-Enacted to protect consumers, the buyer of goods is entitled to a warranty of fitness from the seller

Question 4

What criteria must products sold be warranted to meet as per the legislation?

Answer 4

Be reasonable fit for their intended use
Be of merchantable quality

Question 5

What case illustrates defect warning?

Answer 5

Rivtow marine Ltd. Vs Washington iron works

Question 6

What 2 cases illustrate product labels?

Answer 6

Lambert vs lastoplex chemicals co
Ruegger vs shell oil company of Canada

Question 7

What case illustrates contributory negligence for products?

Answer 7

Smith vs Inglis Ltd

Question 8

What two cases illustrates abnormal use of product?

Answer 8

Rae vs T Eaton Co.-a can of artificial snow is banged on concrete
Yachetti vs John duff & sons-plaintiff contracts trichinosis after eating raw pork

Question 9

Explain learned intermediary rule

Answer 9

-Originated in pharmaceutical litigation but courts have recognized that it applies in other contexts
-the rule is described by courts as an application of the principle of intermediate examination and intervening cause
-exception to the manufacturers duty to warn a consumer about risks of a product