TORTS

Question 1

Strict Products Liability

Answer 1

(1) Commercial Supplier
(2) Produced or sold defective product
(3) Defective when left D’s control
(4) Actual and proximate cause
(5) Damages

Question 2

Design defect

Answer 2

defective condition unreasonably dangerous

Question 3

Learned intermediary rule

Answer 3

warning about product given to doctor sufficient

Question 4

Actual cause for products liability

Answer 4

defective when left D’s control

Question 5

Information Defect

Answer 5

does not have adequate warnings of danger

can rely on presumption that warning would have been read and heeded

Question 6

Proximate cause for products liability

Answer 6

foreseeable injury when product entered stream of commerce

remote is still foreseeable

Question 8

Negligent Products Liaiblity

Answer 8

Duty to foreseeable Plaintiffs

Breach - (i) negligent conduct by D leading to (ii) supplying defective product

Causation

Damages

Question 9

Breach for negligent products liability

Answer 9

(i) negligent conduct by D leading to (ii) supplying defective product

Question 10

Implied Warranty of Merchantability

Answer 10

fit for their ordinary purpose

Question 11

Representation Theories

Answer 11

Warranty: seller makes promise or affirmation, becomes basis of bargain

Misrepresentation: material fact, intended to induce reliance, induced reliance

Question 12

Prescribing Doctor Duty

Answer 12

provide patient w enoguh information about risks that

patient can make informed consent

breached when fails to disclose a risk that was serious enought hat a reasosnable person in P’s position would have withheld consent

Question 13

Strict Productss Liability Attack List

Answer 13

Strict

Negligence

Warranties

Misrepresentation

Intent

Question 15

Products Liability Warranties

Answer 15

Express

Implied (Merchantability, Fitness)