MBE: product liability

Question 1

Strict tort liability

Answer 1

P must show

D was a merchant routinely dealing in goods of kind

Defective product

Existence of defect when product left D’s control

and P was making foreseeable use of the product at the time of the injury.

Question 2

Defective product: manufacturing defect

Answer 2

Product differs from others off the assembly line and failed to perform as safely as ordinary consumer would expect.

Question 3

Design defect

Answer 3

All products in the line are dangerous. D has duty to use alternative design if alternative is:

Safer
Economical
and Practical: e.g. doesn’t impair the products utility, make it more difficult to use, or present alternative safety issues.

Question 4

Inadequate warnings

Answer 4

Consumers must be warned of residual risks, preferably at point of use, using more than words, e.g. icons or pictures.

Question 5

Implied warranty of merchantability

Answer 5

Goods are of average acceptable quality and generally fit for the ordinary purpose for which the goods are used.

SL if breached.

Defense of assumption of the risk; contributory neg.

Question 6

Implied warranty of fitness for a particular purpose

Answer 6

Seller knows or has reason to know that particular purpose for which goods are to be used and buyer relies on seller to select goods.

SL if breached.

Defense is assumption of risk; contributory neg.

Question 7

Express warranty

Answer 7

Affirmation of fact or promise that becomes basis of the bargain.

Breach if bargain isn’t lived up to.

Question 8

Misrepresentation of fact

Answer 8

SL if statement was of material fact concerning quality or use of goods. Seller intended to induce reliability with statement.