BUS 410 Study Guide - Final Guide: Res Ipsa Loquitur, Strict Liability, Product Liability
5 May 2016
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Products liability there is a defective product and you are suing because there is a defect. 4 theories of product liability: (1) warranty theories express and implied (2) intentional tort: fraudulent misrepresentation (3) negligence theories of products liability negligence per se, res ipsa loquitur (4) strict products liability. Even if it says final sale no returns. Ex: you buy a coffee maker and it doesn"t make coffee. Cannot claim title to something that has void title, even if you are a good faith purchaser of that item. Buyer must return the item to the rightful owner and is left with a cause of action against the seller under the warranty of title. Ex: you buy nazi art (art stolen by nazi"s) thinking you have good title. You have to give it to the family who originally owned it. You can sue the seller for the value because they violated the warranty of title.
