DESCRIBE THE VARIOUS CAUSES OF ACTION THAT CAN BE THE BASIS OF A CLAIM UNDER PRODUCTS LIABILITY***(2)STUDENTS WILL LIST AND DEFINE THE VARIOUS CATEGORIES OF DEFECTS THAT CAN GIVE RISE TO A PRODUCTS LIABILITY CASE.***(3)DEFINE PRIVITY AND STATE WHETHER PRIVITY IS REQUIRED BEFORE SOMEONE CAN BE SUED IN A PRODUCTS LIABILITY CASE.
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DESCRIBE THE VARIOUS CAUSES OF ACTION THAT CAN BE THE BASIS OF A CLAIM UNDER PRODUCTS LIABILITY***(2)STUDENTS WILL LIST AND DEFINE THE VARIOUS CATEGORIES OF DEFECTS THAT CAN GIVE RISE TO A PRODUCTS LIABILITY CASE.***(3)DEFINE PRIVITY AND STATE WHETHER PRIVITY IS REQUIRED BEFORE SOMEONE CAN BE SUED IN A PRODUCTS LIABILITY CASE.
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Products Liability Cases can contain a number of legal theories of liability, some are based in contract and some are based in negligence:
I. Contract Based claims
Many contract based claims require privity but this not always so. If the person suing on a contract based claim was not the purchaser, than it may still be possible to bring an action as either an intended user or as a third party beneficiary (these last two often adopt a negligence forseeability test with respect to persons who may get hurt).
A. Breach of contract - a very simple showing that in consideration of an exhange of something of valuable a product was delivered that did not do what it was represented it would ...
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