Issues Relating to Parties Downstream from the Manufacturer

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Presentation transcript:

Issues Relating to Parties Downstream from the Manufacturer By: Vanessa M. Serrano, Esq. Broad and Cassel

Parties Downstream from Manufacturer Exporter/Importer Broker Distributor/Supplier Installer General Contractor Builder/Developer

Claims vs. Downstream Defendants Negligence Strict Liability Indemnity/Contribution Breach of contract Breach of express warranties Breach of implied warranties (common law & statutory)

Examples of Defenses Raised by Downstream Defendants Lack of personal jurisdiction Lack of privity Economic loss rule Contractual limitations on damages Negligence of party seeking indemnity Comparative/contributory negligence Lack of Duty to warn for unknown defects Setoff Joint & several liability issues

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