CorporatEdge has organized a seminar on ‘Improving Quality, Preventing Recall and Product Liability’. The seminar covers topics such as: How to prevent recalls, Document Control, Design & Product Safety reviews, Establishing a Recall Team, How to be Recall ready, etc.The seminar will be conducted by Randall Goodden of Randall Goodden International, USA. He is a worldwide authority on the topic and has written 3 very well received books on the topic and conducts seminars all over the world exclusively on this topic.
CorporatEdge has organized a seminar on ‘Improving Quality, Preventing Recall and Product Liability’. The seminar covers topics such as: How to prevent recalls, Document Control, Design & Product Safety reviews, Establishing a Recall Team, How to be Recall ready, etc.The seminar will be conducted by Randall Goodden of Randall Goodden International, USA. He is a worldwide authority on the topic and has written 3 very well received books on the topic and conducts seminars all over the world exclusively on this topic.
It's important that school administrators and teachers need to know the law of torts. In order to create a "culture of safety" principals should manage the risk of negligence to the faculty and students!
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docxsmile790243
LS311: Business Law
Week 3 - Strict Liability, Product Liability and ALTERNATIVE DISPUTE RESOLUTION
Torts & Cybertorts
Negligence
A person injured by a defective product may sue by alleging and proving:
The defendant breached a duty of due care to the plaintiff that caused the plaintiff’s injuries.
In a negligence lawsuit, only a party who was actually negligent is liable to the plaintiff.
Negligence
Consumers can recover damages from the manufacturer of the product even though (s)he was only in privity of contract with the retailer
Tort Liability - Misrepresentation
Failure to exercise due care includes:
Failing to assemble the product carefully.
Negligent product design.
Negligent inspection or testing of the product.
Negligent packaging.
Failure to warn of the dangerous propensities of the product.
Seller or lessor fraudulently misrepresents the quality of a product, or conceals a defect in it
Recovery limited to persons injured because they relied on the misrepresentation.
Strict Liability
Defendant’s liability is without regard to:
Fault.
Foreseeability.
Standard of Care.
Causation.
Liability is based on creation of extraordinary risk.
Defendants will be held strictly liable for an “abnormally dangerous activity” if:
Activity involves serious potential harm;
Activity involves high degree of risk that cannot be made safe; and
Activity is not commonly performed in the community or area.
Abnormally Dangerous Activities
6
Wild Animals
Persons who keep wild animals are strictly liable for injuries caused by the creatures.
Persons who keep domestic animals are liable if the owner knew or should have known that animal was dangerous.
7
Product Liability
Product Liability is not a new tort.
Liability can be based on:
Negligence;
Misrepresentation; or
Strict Liability;
Warranty Theory.
8
Product Liability (Negligence)
Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe.
9
Product Liability (Negligence)
Manufacturer must exercise “due care” in:
Designing products;
Manufacturing and Assembling Products;
Inspecting and Testing Products; and
Placing adequate warning labels.
10
Product Liability (Negligence)
Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se.
No privity of contract required between Plaintiff and Manufacturer.
Liability extends to any person’s injuries caused by a negligently made (defective) product.
11
Product Liability (Misrepresentation)
Occurs when fraud committed against consumer or user of product.
Fraud must have been made knowingly or with reckless disregard for safety.
Plaintiff does not have to show product was defective.
12
Strict Product Liability
Manufacturers liable without regard to fault based on public policy:
Consumers must be protected from unsafe products;
Manuf ...
Introduction to Legal Risk Management and product liability. To read more about Legal Risk Management and product liability, visit http://seoullegalriskmgmt.com
It's important that school administrators and teachers need to know the law of torts. In order to create a "culture of safety" principals should manage the risk of negligence to the faculty and students!
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docxsmile790243
LS311: Business Law
Week 3 - Strict Liability, Product Liability and ALTERNATIVE DISPUTE RESOLUTION
Torts & Cybertorts
Negligence
A person injured by a defective product may sue by alleging and proving:
The defendant breached a duty of due care to the plaintiff that caused the plaintiff’s injuries.
In a negligence lawsuit, only a party who was actually negligent is liable to the plaintiff.
Negligence
Consumers can recover damages from the manufacturer of the product even though (s)he was only in privity of contract with the retailer
Tort Liability - Misrepresentation
Failure to exercise due care includes:
Failing to assemble the product carefully.
Negligent product design.
Negligent inspection or testing of the product.
Negligent packaging.
Failure to warn of the dangerous propensities of the product.
Seller or lessor fraudulently misrepresents the quality of a product, or conceals a defect in it
Recovery limited to persons injured because they relied on the misrepresentation.
Strict Liability
Defendant’s liability is without regard to:
Fault.
Foreseeability.
Standard of Care.
Causation.
Liability is based on creation of extraordinary risk.
Defendants will be held strictly liable for an “abnormally dangerous activity” if:
Activity involves serious potential harm;
Activity involves high degree of risk that cannot be made safe; and
Activity is not commonly performed in the community or area.
Abnormally Dangerous Activities
6
Wild Animals
Persons who keep wild animals are strictly liable for injuries caused by the creatures.
Persons who keep domestic animals are liable if the owner knew or should have known that animal was dangerous.
7
Product Liability
Product Liability is not a new tort.
Liability can be based on:
Negligence;
Misrepresentation; or
Strict Liability;
Warranty Theory.
8
Product Liability (Negligence)
Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe.
9
Product Liability (Negligence)
Manufacturer must exercise “due care” in:
Designing products;
Manufacturing and Assembling Products;
Inspecting and Testing Products; and
Placing adequate warning labels.
10
Product Liability (Negligence)
Manufacturers who violate state or federal law in the manufacture or labeling of a product, may be negligent per se.
No privity of contract required between Plaintiff and Manufacturer.
Liability extends to any person’s injuries caused by a negligently made (defective) product.
11
Product Liability (Misrepresentation)
Occurs when fraud committed against consumer or user of product.
Fraud must have been made knowingly or with reckless disregard for safety.
Plaintiff does not have to show product was defective.
12
Strict Product Liability
Manufacturers liable without regard to fault based on public policy:
Consumers must be protected from unsafe products;
Manuf ...
Introduction to Legal Risk Management and product liability. To read more about Legal Risk Management and product liability, visit http://seoullegalriskmgmt.com
Risk Apportionment in the Purchase and Sale TransactionNow Dentons
In this presentation, FMC’s Leanne Krawchuk discusses risk apportionment in the purchase and sale transaction, including:
- Representations and Warranties
- Indemnity Clauses and Limitations
- Purchase Price Adjustments and Holdbacks/Escrow
- Maximize the Value Proposition
- Due Diligence
Best Practices for Keeping Consumers Safe in a Global Marketplace (English)Kids In Danger (KID)
Detailing the best ways to keep consumers safe when purchasing products globally. Presented by Nancy Cowles at the CPSC Tri-lateral Summit on June 27th, 2018.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...
Ch. 12 warranties
1.
2. • What factors determine whether a
seller’s or lessor’s statement
constitutes an express warranty or
mere puffery?
• What implied warranties arise under
the UCC?
2
3. • Can a manufacturer be held liable to
any person who suffers an injury
proximately caused by the
manufacturer’s negligently made
product?
• What are the elements of a cause of
action in strict product liability?
3
4. • What defenses to liability can be raised
in a product liability lawsuit?
4
5. • A warranty is an assurance or
guarantee by the seller or lessor of
certain facts concerning the goods
being sold or leased.
• If seller breaches a warranty, buyer
can recover damages, or rescind the
contract.
5
6. • Warranties automatically arise in
most commercial sales transactions.
• Normally warranties can be
disclaimed or modified with specific
language in the contract.
6
7. • Warranties of Title. UCC-312 can
creates three express warranties at
sale:
–Good Title.
–No Liens.
–No Infringements.
7
8. • Express Warranties.
–Representations concerning quality,
condition, description, or performance
potential of goods.
–Can be created by:
• Any Affirmation or Promise.
• Any Description.
• Any Sample or Model.
8
9. • Express Warranties (cont’d).
–Basis of the Bargain.
• Seller does not have to use the words
“guarantee” or “warranty.”
• Buyer must rely on warranty when he
enters into contract.
9
10. • Express Warranties (cont’d).
–Statements of Opinion and Value. Only
statements of fact create express
warranties.
• Exception for Statements of Opinion by
Experts.
• Puffery versus Express Warranties.
10
11. • Implied Warranties.
–Inferred at law based on the
circumstances or nature of the
transaction.
–Implied Warranty of Merchantability.
• Automatically arises from merchants.
11
12. • Implied Warranties (cont’d).
–Implied Warranty of Merchantability.
• Merchantable Goods:
–Goods are of average, fair, or mediumgrade.
–Adequately packaged and labeled.
–Conform to promises on label.
–Have a consistent quality and quantity
among the commercial units.
12
13. • Implied Warranties (cont’d).
–Implied Warranty of Merchantability.
–Knowledge of Defect Not Required: warranty
can be breached even if merchant did not
know or could not have discovered product
was defective.
• Merchantable Food.
–CASE 21.1 Webster v. Blue Ship Tea Room,
Inc. (1964). Was the soup fit to eat on the basis of
consumer expectations?
13
14. • Implied Warranties (cont’d).
–Implied Warranty of Fitness for a
Particular Purpose: arises by any seller
who:
• Knows the particular purpose for which the
goods are being bought; and
• Knows the buyer is relying on seller’s skill
and judgment to select suitable goods.
14
15. • Implied Warranties (cont’d).
–Implied Warranty of Fitness for a
Particular Purpose.
• Particular vs. Ordinary Purpose: Differs from
ordinary purpose of merchantability. Goods can
be merchantable but unfit for a particular
purpose.
• Knowledge and Reliance Requirements:
seller must have reason to know purpose, and
buyer must have relied on the recommendation.
15
16. • Implied Warranties (cont’d).
–Implied Warranty From Prior Dealings or
Trade Custom.
• Arises when both parties to a contract have
knowledge of a well-recognized trade
custom. Courts infer that both meant this
custom to apply to their transaction.
16
17. • Overlapping Warranties.
– Occurs when two or more warranties are made in
a single transaction:
• When Warranties are Consistent.
• When Warranties are Inconsistent:
– (1) Implied warrant of fitness for a particular purpose.
(2) Samples take precedence over inconsistent
descriptions. (3) Exact or technical specifications
displace inconsistent samples or descriptions.
17
18. • Warranty Disclaimers.
–Express Warranties can be disclaimed:
• If they were never made (evidentiary
matter).
• If a clear written disclaimer in contract
with specific, unambiguous language and
called to Buyer’s attention (BOLD CAPS
UNDERLINED).
18
19. • Warranty Disclaimers.
–Implied Warranties.
• Unless circumstances indicate otherwise,
warranties of fitness and merchantability
can be disclaimed with the words “As Is,”
“With All Faults.”
19
20. • Warranty Disclaimers (cont’d).
–Implied Warranties.
• Disclaimer of the Implied Warranty of
Merchantability: must use the word
merchantability.
• Disclaimer of the Implied Warranty of
Fitness: must be in writing and
conspicuous.
20
21. • Warranty Disclaimers (cont’d).
–Implied Warranties.
• Buyer’s Examination or Refusal to Inspect.
Warranties are disclaimed as to defects
that could reasonably be found on
examination.
• Warranty Disclaimers and
Unconscionability.
21
22. • Warranty Disclaimers (cont’d).
–Magnuson-Moss Warranty Act.
• Modifies UCC for consumer sales. Does
not require a warranty.
• Only applies when written warranties are
made by Seller (including a service
contract).
–If goods > $25label “full” or “limited.”
–Full warranty provides free repair or
replacement.
22
23. • Coverage of Lemon Laws.
–Generally manufacturer is given limited
number opportunities (usually four) to
remedy the defect.
–If manufacturer fails, buyer is entitled
to new car, replacement of defective
parts, or return of all consideration.
• Arbitration is Typical Procedure.
23
24. • Product Liability is not a new tort.
• Liability can be based on:
–Negligence;
–Misrepresentation;
–Strict Liability;
–Warranty Theory.
24
25. • Negligence.
–Based on a manufacturer’s breach of
the reasonable standard of care and
failing to make a product safe.
–Due Care Must Be Exercised in: design,
selection of materials, using appropriate
production process, assembling and testing,
adequate warnings, inspection, and testing.
25
26. • Negligence (cont’d).
–Privity of Contract Not Required. No
privity of contract required between
Plaintiff and Manufacturer. Liability
extends to any person’s injuries caused
by a negligently made (defective)
product.
26
27. • Misrepresentation.
–Occurs when fraud committed against
consumer or user of product. Fraud
must have been made knowingly or
with reckless disregard for safety.
–Plaintiff does not have to show product
was defective.
27
28. • Strict Liability holds people liable for
results of their acts, regardless of
their intentions or exercise of
reasonable care.
28
29. • Strict Liability and Public Policy.
–Consumers should be protected from
unsafe products;
–Manufacturers and distributors should
be liable to any user of the product;
–Manufacturers, sellers and distributors
can bear the costs of injuries.
29
30. • Requirements for Strict Liability:
1. Product must be in defective condition
when sold.
2. Defendant is in the business of selling
the product.
3. Product must be unreasonably
dangerous.
30
31. • Requirements for Strict Liability:
4. Plaintiff must be physically harmed
5. Defective condition must be proximate
cause of injury.
6. Goods are in substantially same
condition.
31
32. • Requirements for Strict Liability
(cont’d).
–Proving a Defective Condition.
• Plaintiff does not need to show product
or in what manner the product become
defective.
• But plaintiff must show product was
defective and “unreasonably dangerous”
to the user.
32
33. • Product Defects. Three types of
product defects:
–Manufacturing Defects.
–Design Defects.
–Warning Defects.
33
34. • Product Defects (cont’d).
–Manufacturing Defects.
• Occurs when a product “departs from its
intended design even though all possible
care was exercised in the preparation and
marketing of the product.”
34
35. • Product Defects (cont’d).
–Design Defects.
• Product is manufactured correctly, but
defect is based on design.
• Test for Design Defects: plaintiff must
show defendant’s failure to use a
reasonable alternative design rendered
the product not reasonably safe.
35
36. • Product Defects (cont’d).
–Design Defects.
• Factors to be Considered.
–Magnitude and probability of foreseeable
risks.
–Relative advantages and disadvantages of
product.
–Most courts use “risk-utility” analysis.
36
37. • Product Defects (cont’d).
–Inadequate Warnings.
• A product may be defective because of
inadequate warnings or instructions.
• Liability based on foreseeability that
proper instructions/labels would have
made the product safe to use.
37
38. • Product Defects (cont’d).
–Inadequate Warnings.
• Obvious Risks. No duty to warn.
• Foreseeable Misuses. Seller must warn
about foreseeable misuse.
• CASE 21.2 Wyeth v. Levin (2009). Federal
law did not preempt state claim for
inadequate warning.
38
39. • Market Share Liability.
–Theory of liability when multiple
Defendants contributed to manufacture
of defective product.
–Liability of each Defendant is
proportionate to the share of the market
held by each respective Defendant.
• Other Applications: to bystanders.
39
40. • Assumption of Risk.
–CASE 21.3 Boles v. Sun Ergoline, Inc.
(2010). Why did court find the
exculpatory clause unenforceable?
• Product Misuse. Plaintiff does not
know the product is dangerous for a
particular use.
40
41. • Comparative Negligence (Fault).
–Defendants may be able to limit
damages by apportioning fault.
• Commonly Known Dangers.
• Knowledgeable User.
41