Torts

Question 1

Product Liability based on Negligence

Answer 1

1. Duty of care is owed to any foreseeable plaintiff
2. Breach by (1) negligent conduct of defendant leading to (2) supplying of a defective product
   a. Can satisfy their duty by inspection
3. Intermediary negligent failure to discover a defect does not supersede the original manufacturers negligence unless the intermediary conduct exceeds ordinary foreseeable negligence
4. Damages that are not solely for economic loss

Question 2

Product Liability on Strict Tort Liability

Answer 2

1. A commercial supplier
2. Producing or selling a product that was defective when it left the defendant’s control
3. actual and proximate cause (not substantially altered, used in way it was intended(
4. Damages