chapter 7

How does market share liability work?

sue all manufacturers

What was the outcome in the Collins v. Eli Lilly case?

sue all manufacturers who made product that caused cancer. took medicine to prevent miscarriage

Strict liability in tort was described and defined by the American Law Institute (ALI) in what document?

2nd reinstatement of torts; section402A

What is meant by the term privity of contract?

contractual relationship, buy from manufacturer

What is the focus when cases deal with design defect?

could this product be made in a different way to prevent injury

What were the two major holdings developed in the case of MacPherson v. Buick Motor?

court got rid of privity of contract; primary producer responsible

What is an unknown hazard? Are manufacturers liable for injuries due to unknown hazards?

don't know if product is safe; yes

What is the theory of liability if the manufacturer or seller of a product makes factual assertions about the product and it does not meet those expectations?

express

What was the outcome of Baxter v. Ford Motor Co.? What was the cause of action (theory of liability) based on

ford violated its warranty under contract law

What was the outcome in the Greenman v. Yuba Power Products case? What purpose did the court use in its reasoning to apply strict liability?

greenman injured due to yuba product defect. failed to warn and won case under product liability ( extension of strict liability)

When is liability imposed due to a manufacturer's failure to warn?

hazard/risk,misuse, appropriate for market

What is strict liability in tort?

manufacturer liable if product defective, dangerous&proximate cause

Is a plaintiff required to demonstrate the element of negligence in a case based upon strict liability in tort?

no

Are there any defenses in cases brought using strict liability in tort?

product misuse/abuse; assumption of risk, sophisticated purchaser

Strict liability under contract law for injuries caused by defective products is imposed on the basis of what theory?

warranty

Can a manufacturer or seller of a product be liable for failure to warn when warnings are clearly and conspicuously displayed on the product packaging in plain English?

yes

can businesses be sued in lawsuits based on tort law?

yes

Was Buick liable for a defective component supplied by an outside vendor that was installed on its automobile?

yes because they are the primary producer