GB110 Chapter Notes - Chapter 20: Product Liability, Strict Liability, Product Liability Directive 1985

• School: Bentley University
• Department: Information and Process Management/General Business Courses
• Course: GB110
• Professor: Alexander

Document Summary

Product liability: origin in contract law: during the 19th century, buyer buys from a maker and they would negotiate the contract"s terms. Injured parties and courts began to look for alternative legal theories to support product liability claims. First part of 20th century, the legal doctrine of negligence served as the most common alternative: middle part of 20th century, the legal doctrine of strict liability assume prominence. Restatement (third) of torts - product liability: design defects, manufacturing defects and marketing. Injured parties usually hire an expert to review the plans and express an opinion about risk and safety issues embedded in the plans. Products, inc. : design defects vs. manufacturing defects. Implied warranties: an implied warranty is not one that is affirmatively made by the manufacturer or seller, the ucc creates 2 types of implied warranties. Section 2-314 establishes an implied warranty of merchantability. Section 2-315 provides for an implied warranty of fitness for a particular purpose.