Products Liability 1. Construct a fact pattern [an example] to clearly delineate: a. A Manufacturing Defect: A car’s braking system that does not work properly and causes the driver to get into an accident. b. A Design Defect: A type of sunglasses that fail to protect the eyes from ultraviolet rays. c. A Marketing Defect: Prescription drugs advertised as “virtually non-toxic‚” “safe‚” and “free of significant side effects” when they are not. They failed to state
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jurisdictions‚ tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. TORT: In common law jurisdictions‚ tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. Torts are considered under the law of obligations. Duties imposed under tort law are
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THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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Torts Notes – Negligence Contents 1 Preamble 2 1.1 Concurrent Wrongdoers 2 1.2 Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur
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basic principles Contents Introduction 13 2.1 2.2 2.3 Structure of the tort 13 Organisation of the chapters 14 Policy questions 14 Introduction Negligence is the most important modern tort: its study should occupy about half the course. It is important because of the great volume of reported cases and because it is founded on a principle of wide and general application. This chapter explains the basic structure of the tort and describes the organisation of the material in subsequent chapters.
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allowing the acid to back up. If this valve‚ however‚ is not functioning‚ the acid can slip by. Occasionally heartburn can be associated with hiatus hernias. Describe how the heart remedy works‚ including a description of what a neutralisation reaction is and word equations for the reactions you carried out. Heart remedies work by lowering the amount of acid the stomach produces in order to digest the food. It’s usually called Acid Reflux which allows the acid to enter the oesophagus where it then
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Tort Reform XXXX XXXXX XXXXXXXXXX University Tort Reform In the past several years‚ the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled
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The dispute that occurred among the individuals had caused potential trespass to person claims. Trespass to person tort is involved in intentional‚ direct interference to claimants and is branched into three elements: assault‚ battery and false imprisonment. Phil could claim assault against Grant due to him coming at him in an aggressive manner and for throwing a bottle at him. However Phil could also possibly be prosecuted for Battery‚ from Grant’s girlfriend‚ because of the unlawful kiss he enforced
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Torts and Damages I . Concept/ Definition The term “Tort” is of Anglo-American law-common law which is broader in scope than the Spanish-Phil concept which is limited to negligence while the former includes international or criminal acts. Torts in Philippine law is the blending of common-law and civil law system. Quasi Delict refers to acts or omissions which cause damage to another‚ there being fault or negligence on the part of the defendant‚ who is obliged by law to pay for the damages done
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Historical Background of Law of Tort: The modern law of torts has evolved through four main stages. In early stage when society was primitive private vengeance and self control were the only remedies available to the wronged person against the wrongdoer. He could get his wrong redressed with the help of his friends or relatives. The second stage of development of civil law was characterized by the state coming into existence when its functions were only persuasive in nature. It did not have enforcing
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