Torts 69-75 Flashcards
A defendant engaging in an Abnormally Dangerous Activity is subject to strict liability.
What is an Abnormally Dangerous Activity?
An activity that:
Is not of common usage in the community; AND
Creates a foreseeable and highly significant risk of physical harm (even when reasonable care is exercised).
Priority: HIGH
What are the elements for Strict Products Liability?
The product was defective (manufacturing defect, design defect, or failure to warn);
The product was not altered when it reached the plaintiff;
The product caused an injury when it was being used in an intended use (or unintended foreseeable use); AND
The defendant is a commercial supplier who routinely deals in goods of this type.
Priority: HIGH
What 3 theories are available to prove Strict Products Liability?
Manufacturing Defect: Product differs from the intended design AND is more dangerous than if made properly.
Failure to Warn: Plaintiff was not warned of the risks regarding use, which are not obvious to an ordinary user.
Design Defect: There was a way to build the product that was safer, more practical, AND at a similar cost.
Priority: HIGH
What is the definition of a Commercial Supplier?
Any person/entity who is engaged in selling goods of the type (routinely sells such goods).
*A strict products liability suit may ONLY be brought against a commercial supplier of goods.
Priority: HIGH
Products Liability – Breach of Warranty
What is the Implied Warranty of Merchantability?
It requires that ALL goods sold by a merchant be fit for their ordinary purpose.
*The only issue to determine is whether the product was merchantable when sold.
Priority: Low
Products Liability – Breach of Warranty
When is an Implied Warranty of Fitness for a Particular Purpose created?
When:
A seller knows or has reason to know of the buyer’s particular purpose for which the goods are required; AND
The buyer relies on the seller’s skill/judgment to select suitable goods.
Priority: Low
Products Liability – Breach of Warranty
When is an Express Warranty created?
When:
A seller makes an affirmation of fact, promise, or description, OR provides a sample;
Which relates to the goods; AND
It becomes part of the basis of the bargain.
Priority: Low
