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Published byGilbert Gordon Modified over 9 years ago
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Steven Lie GBS 205 Mark Barton
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The liability of any or all parties along the chain of manufacture of any product for damage caused by that project What is Product Liability?
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Producer of the raw material used in the product Assembling Manufacture Retailer / Wholesaler Owner of the retail store The Chain of Product Liability
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Tangible Products Intangible products (gas) Natural (pet) Real estate (house) Writing (navigational charts) Example of Product Liability
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Breach of Warranty Negligence Strict Liability Theories
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Breach of warranty is based on contract law A contract between vendor and consumer Breach of Warranty
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Types of warranties Breach of express warranty theory The plaintiff claimed the violation of the actual written warranty associated with a product Breach of implied warranty theory The plaintiff claimed that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the goods renders them unfit for the purpose intended Breach of Warranty
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Negligence means Lack of ordinary care The plaintiffs have to find people who are responsible for the product being defective Negligence
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Product liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale Strict Liability
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Design Defects Manufacturing Defects Marketing Defects Product Defect
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Occurs when product is hazardous to be used Do not arise from some error, but majority Design Defects
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Defects arise from the manufacturing process It is usually not intended (error making) Manufacturing Defects
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The producer forget to remind the user about the danger of the product The producer fail to give the instruction or warning Marketing Defects
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State Law Uniform Commercial Code (UCC) – article 2 Law Regarding Product Liability
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Affect in Business
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Case 1
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Case Analysis
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Case 2
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Case Analysis 2
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Conclusion
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