Chapter 7 Flashcards
More permanent defamation (usually written)
Libel
Tort liability that requires no fault. Defendant acted reasonably, but still must pay for damage that resulted from his or her conduct
Strict liability
The origin of strict liability. Case that it originated in
Rylands vs. Fletcher
Case that ultimately rejected the privity rule
Macpherson vs. Buick Motor Co.
Spoken defamation
Slander
Product did not conform to either the express or implied warranty that the product manufacturer provided
Breach of warranty
Case that originated strict liability
Greenman vs. yuba power products
Test to determine if a product is defective, unreasonably dangerous. Test is based upon the usefulness or utility of the product, and the availability of less dangerous and economically feasible alternatives.
Risk-benefit test
Plaintiff files his or her claim against all manufacturers of the defective product, and all defendants will be responsible for plaintiff’s loss according to their respective percentages of market share for that product. Eases a product liability plaintiff’s burden of proof
Market share liability
Component part suppliers are liable if integration of their part into the product caused the product to be defective
Supplier liability
Manufacturers are liable for reasonably foreseeable injuries to bystanders who did not use the defective product, but who are still injured by it
Bystander liability