Defects Flashcards
Manufacturing defects
a product is defective because of something that happened or did not happen that should have happened during manuf. process (a particular product from the line is defective)
when is manuf. liable for manuf. defects?
Manufacturer is liable for product that was dangerous beyond the expectation of an ordinary consumer when it left the manuf. control
design defect
a product is defective because of its mechanical design, packaging, inadequete warning, etc. (entire line is defective
when is manuf. liable for design defects in florida
dangerous beyond expectation of ordinary consumer when it left manuf. control
implied warranty of merchantibility
in every sale by a merchant who deals in goods of a kind there is an implied warranty that the goods are merchantable - “fit for ordinary purpose for which such goods are used”
implied warranty of fitness for particular purpose
1) a seller knows or has reason to know the particular purpose for which the goods are required; and 2) the buyer relies on sellers judgment to select or furnish suitable goods
express warranty
seller makes an affirmation of fact or promise to buyer relating to the goods that becomes part of the basis of the bargain
misrepresentation
seller makes a false rep about a material fact that induces buyer’s reliance
Vicarious liability
liability is imputed to third party based on relationship with the tortfeasor
joint and several liability
when two or more tortious acts combine to prox. cause an indivisible injury to a plaintiff - each tortfeasor is jointly and severally liable for the entire injury FLORIDA ABOLISHED THIS
wrongful death action
may be brought by decedents PR for traditional damages - surviving spouse and minor child may recover for loss of companionship and protection and mental pain and suffering from the date of the injury
sovereign immunity
most states have waived sovereign immunity, including florida - this has only been waived on government/ministerial activities like hanging stop lights driving a vehicle - but have not waived it for discretionary activities (those decisions made on the planning and decision making level)
