QST LA 245 Lecture Notes - Lecture 10: Tort Reform, Strict Liability, The Seller
17 Aug 2018
School
Department
Course
Professor
Document Summary
When two parties contract, they are in privity. In the past, injured parties could only sue the party with whom he had privity. This has changed: in cases of personal injury, the injured party may sue any reasonable party, regardless of privity, in cases of economic loss, the injured party (buyer) may be required to have privity with the defendant. Exceptions made if buyer is a consumer, and will permit a suit against the manufacturer even without privity. Buyer"s misconduct: misuse of the product by the buyer will generally preclude a warranty claim. Statute of limitations and notice of breach: the code prescribes a four-year statute of limitations, the ucc requires that a buyer notify the seller of defects within a reasonable time. In negligence cases, plaintiffs most often raise one or more of these claims: negligent design, negligent manufacture, failure to warn.
