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Unit 5 Torts Products Liability PowerPoint PPT Presentation


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Unit 5 Torts Products Liability. ARE 306. Products Liability. Defective design/manufacture Strict liability or negligence Strict liability not available in N.C. Products Liability (continued). Express warranties Subject to negotiation Interpretation Usage of the trade Course of dealing.

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Unit 5 Torts Products Liability

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Unit 5 torts products liability l.jpg

Unit 5 TortsProducts Liability

ARE 306


Products liability l.jpg

Products Liability

  • Defective design/manufacture

  • Strict liability or negligence

    • Strict liability not available in N.C.


Products liability continued l.jpg

Products Liability (continued)

  • Express warranties

    • Subject to negotiation

    • Interpretation

      • Usage of the trade

      • Course of dealing


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Products Liability (continued)

  • Implied warranty of merchantability

    • Must be expressly disclaimed

    • Generally acceptable to trade


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Products Liability (continued)

  • Implied warranty of fitness for a particular purpose

    • Communicated directly

    • Implied by circumstances


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Products Liability (continued)

  • Defenses

    • Privity of contract

      • Extended to family/household/guests

    • “as is” language

    • Obvious defects


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Products Liability (continued)

  • Standard

    • Negligence

    • Strict liability


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Time

  • Statute of limitations


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