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31 Cards in this Set
- Front
- Back
- 3rd side (hint)
Strict Products Liability
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defective product, for which an appropriate D is responsible, injures and appropriate P
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SL proper Plaintiff
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any P using defective product or a party not using it that would be reasonably foreseeable that such a P might be injured by product
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SL Proper D
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commercial suppliers at all levels of the distribution chain
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Retailers and commerical lessors
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are subject to strict liability for defects in new goods that they sell or lease
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SL - providers of service
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generally not SL for services, even when accompanied by a product - service must be primary
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Manufacturing Defect
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manufactured in a form other than the manufactured intended--SL imposed to all in chain of distribution
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Design Defect
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manufactured as designer intended but still poses danger or PI or property damage --> must be more dangerous that normally contemplated to be by an ordinary customer
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Absence of warnings
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failure to warn or adequately warn of potential harm or danger may constitute a defect
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cause in fact
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P shows that the injure was caused by the defect by proving that defect was a substantial factor in bringing about his injury
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Proximate cause
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must not be evidence of intervening conduct of 3rd party:
previous warning in chain or criminal and intentional tort by 3rd party = unforeseeable |
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SL - Damages
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recovery of economic loss but not additional expenses for obtaining replacement equipment
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SL - Defenses
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Misuse & Contributory negligence (must know of defect) & Comparitive negligence - wrongful conduct causes failure to discover defect
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SL - TIP
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P must only show defect existed when left the D's hands and D was engaged in the business of selling the product
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Defense of Necessity
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damages are awarded for both personal injuries and property loss
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TIP
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courts often issues awards for damages in conjunction with injunctive relief as long as award is not redundant
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TIP
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A Parent is under a duty to exercise reasonable care to control his minor child as to prevent him from intentionally harming others or from so conducting himself as to create an unreasonable risk of bodily arm to them
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1. knows of has a reason to know that he has the ability to control his child and 2 knows or should know of the necessity and opportunity for exercising such control.
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Comparative Negligence
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reduction of damages to be recovered by the negligent P in proportion to his fault
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Joint and Several Liability
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tortefeasors may be sued separately or all together. ea D acting in concert with the other is liable for the entire amount of the P damages.
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Conditional Privilege
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publication is conditionally privileged if the circumstances included a correct or reasonable belief that:
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1.there is information that affects a sufficiently important interest os the publisher and 2 the recipients knowledge of the defamatory matter will be of service in the lawful protection of the interest.
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Slander Per Se
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one is liable for publication of defamatory matter, despite lack of special harm if:
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1. criminal offense, 2 loathsome disease, 2 matter incompatible with his trade, business, office or 4. serious sexual misconduct.
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misfeasance
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affirmative risk creating conduct
ex. shooting off a gun in a crown in heart of downtown or a negligent omission - failure to do something that causes a harm |
debo runs the stop sign and injures jon and causes injury
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non fesance
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failure to act - we start with no duty owed
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PL - Negligence
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D failed to exercise reasonable care that was actual/proximate cause of injury
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Standard of care in emergency
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P in an emergency situation not held to the same standard as a P not in an emergency situation.
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Traditional Contributory Negligence
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Last Clear Chance Doctrine
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The last wrong doer is liable for all damages.
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IIED
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behavior must be outrageous and extreme --- shocks the conscious.
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Possessors of Land
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required to exercise reasonable care to protect invitees
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non delegible duty, even with independent contractors
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Civil Action Standard of Care
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Prove beyond a preponderance of the Evidence.
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Products Liability - Neglignce
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fails to exercise reasonable care
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Products Liability - Strict Liability
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defective and unreasonably dangerous
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a party is Negligent when:
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they fail to exercise the care of duty of a reasonable person under similar circumstances
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