Products Liability

Question 1

Theories of liabliity

Answer 1

Intent, negligence, SL, implied warranties of merchantability and fitness for a particular purpose, and representation theories

Question 2

Liability based on negligence

Answer 2

D must have DOC to P (produce supplier or labeler); D must have breached by negligence leading to the supplying of a defective product; intermediary won’t negate unless it’s unforeseeable (e.g., he discovered the defect and failed to warn)

Question 3

Liability based on SL

Answer 3

D must be commercial supplier who sold defective product; factual and proximate cause; dams

Question 4

Defective product

Answer 4

Mfr defect (diff from other products and more dangerous); design defect (all prods are shit and there was feasible alternative); information defect (no warnings); product cannot have been altered since it left mfr’s hands