Chapter 7

Question 1

This doctrine says a person who engages in certain activities can be held responsible for any harm that results to others, even if the person used the utmost care.

Answer 1

Strict Liability

Question 2

Refers to the relationship that exist between the parties to a contract.

Answer 2

Privity of contract

Question 3

Term for saying the plaintiff must show that the defendants conduct was the cause of the injury

Answer 3

cause in fact.

Question 4

Three assumptions of product liability

Answer 4

1. Consumers should be protected from unsafe products
2. Manufactures should not escape liability due to privity of contract
3. Manufactures and distributors can better bear the cost of of injuries

Question 5

6 requirements for strict product liability

Answer 5

1. Product must be in defective condition at time of initial sell
2. The defendant must normally engage in selling the product
3. Must be unreasonably dangerous to the user due to defect
4. Physical harm to person or property must occur
5. The defect must be the proximate cause
6. The goods could not have substantially changed since purchase

Question 6

Two Requirements for design defect

Answer 6

There was a reasonable alternative available
The product was unsafe because the defendant didn’t adopt the alternative

Question 7

When multiple manufactures are held relatively accountable when it’s unclear whos product caused the damage

Answer 7

market share liability