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Tort definition essay
Chapter 4 the law of torts
Chapter 4 the law of torts
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Facts and History The plaintiff, William B. Greenman filed a case against Yuba Power on after 10 and a half months when he injured himself while he was using a ‘Shopsmith’ that was given to him by his wife for Christmas in 1955 who bought the power tool from a retailer (Greenman V. Yuba Power, 1963). The plaintiff file the case against both retailer and the manufacturer of the Shopsmith. The plaintiff the demonstration of the Shopsmith by the said retailer and he had studied the brochure that was given by the manufacturer (Greenman V. Yuba Power, 1963). And in 1957 the plaintiff had bought attachments that was necessary to use the Shopsmith as a lathe for turning a large piece of wood into a chalice (Greenman V. Yuba Power, 1963)it suddenly …show more content…
Strict Liability in Tort is the tort that manufacturers are strictly liable for defective products. Questions that may asked by the court are: Was the product defective? Did the defect create an unreasonably dangerous product or instrumentality? Was the defect a proximate cause or substantial factor of the injury? Did the injury cause damages? The issue being faced by this case is that does the requirement in the Uniform Sales Act that buyer gave the seller notice of breach of warranty require a notice of breach of warranty between parties? Will it be sufficient that the plaintiff is able to prove that he was injured while using the product in a way that it was intended to be used and the result of the injury was caused by a defect in design and manufacture of which plaintiff was not aware of and that the defect had made the product unsafe to use and that will it violate the express warranty of the …show more content…
This is sufficient to extablish manufacturer’s liability. And since the defect is not the cause by the action of plaintiff, the manufacturer should be held responsible for the injury. The existence of the Shopsmith in the market makes consumer believe that it is user friendly and that it would safely do the jobs for which it was built, allowing it to be irrelevant to manufacturer’s liability for injury sustained by consumer whether consumer selected machine because of statement in manufacturer’s brochure or because of machine’s own appearance of excellence that belied defect lurking beneath surface or whether the plaintiff assumed that the Shopsmith would safely do the
Stirling Bridge had been a thriving power tool business for over 100 years. The company had sold and distributed power tools and equipment all over the U.S., Europe, and third world countries. Recently one of Stirling Bridge’s top selling products, the Braveheart power tool line, came under attack when consumer agencies conducted research and found many consumers who purchased the power tools were experiencing significant harm and personal injury after use. Stirling Bridge (STIRLING BRIDGE) had identified potential safety concerns with their power tools and hired an independent research company to investigate why consumers were being injured using their power tools, well before the company came under the attack of public agencies.
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
Krum, the court ruled that when the defendant sold ice cream to the plaintiff, he did so with the implied warranty that it was fit for human consumption, and referring to a previous case, determined that this implied warranty was necessary to the preservation of health and life (GRADUATE RESOURCE, Race v. Krum, 118 N.E., at P#2 and #4, (1918)); similarly, in Klein v. Duchess Sandwich Co., the court ruled that privity between the manufacturer and the ultimate consumer was not essential for recovery of damages as this recovery would not impose a greater burden on the manufacturer or on the immediate seller of the food than it would be if the original purchaser had been injured (GRADUATE RESOURCE, Klein v. Duchess Sandwich Co., Ltd., 14 Cal.2d 272 (S.F. No. 16626., at Pgs. 13-14
However prior to the modern understanding of Consumer Rights there was a understanding of Caveat Emptor – Buyer Beware –this has been a fundamental premise of consumer wellbeing prior to World War ‖ , relation to transactions, principle that the buyer purchases at his own risk in the absence of an express warranty in the contract . This common law rule assumes that buyers and sellers are in an equal bargaining position. However there has been evident change in consumer rights which have contributed to the precedence of using Caveat Emptor is no longer acceptable, apparent in the case ACCC v Hewlett Packard Australia (HP), illustrated that no longer can a company ...
The 14th amendment gives people the right to life and liberty, therefore the Supreme Court made the wrong decision in Washington vs Glucksberg when they supported the states ban. This case has left many terminally ill patients suffering without the freedom to end their lives. Washington vs Glucksberg was a case where Dr Harold Glucksberg who was a physician brought in four patients, three of which were terminally ill. Dr Glucksberg argued Washington state 's ban on assisted suicide. This case is quite significant it stated that physician assisted suicide was a violation of the Due process law of the 14 th amendment. The due process clause states, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens
The tort of negligence is the failure to exercise the standard of care that a reasonable person would exercise in a similar circumstance. Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so. Four elements are required to establish a prima facie case of negligence. The existence of a legal duty to exercise reasonable care, a failure to exercise reasonable care. Cause in fact of physical harm by the negligent conduct; physical harm in the form of actual damages and proximate cause. Which is showing that the harm is within the scope of liability.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
Liability for negligence is a civil matter. In liability negligence, the victim has to be able to prove that the defendant has legal obligations, and the obligations was breached, and that they have received foreseeable harm as a consequence of the negligence alleged. If the victim can prove that there was a breach of a legal obligation then he/she will be awarded damages based on the basis of the harm caused or loss sustained.
Nevertheless, Justice Douglas put forward a famous dissent which argues that trees should be extended standing to sue in court. I believe that inanimate objects
Negligence is a concept that was passed from Great Britain to the United States. It arose out of common law, which is made up of court decisions that considered whether a defendant had an obligation to act with greater care. It is conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm and involves a failure to fulfill a duty that causes injury to another. Many torts depend on whether there was intent but negligence does not. Negligence looks to see whether the person had a duty to act with care. It emphasizes the need for people to act reasonably in society. This is important because accidents will happen. Negligence helps the law establish whether these accidents could have been avoided, if there was a breach of duty to act reasonably, and if that breach was the cause of injury to that person. By focusing on the conduct rather than the intent of the defendant, the tort of negligence reflects society’s desire to
The plaintiff firm of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,000. It was held that the firm was acting as a consumer and that to buy in the course of a business 'the buying of cars must form at the very least an integral part of the buyer's business or a necessary incidental thereto'. It was emphasised that only in those circumstances could the buyer be said to be on equal footing with his seller in terms of bargaining strength.
Carbolic Smokeball Company refused to pay the promised reward and Carlill sued the company for damages arising from breach of contract. Judgment for hundred pounds was entered and the Carbolic Smokeball Company appealed. (Lawnix, 20...
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.
Notably, the class of potential defendants in a product liability is extensive; it may include everyone in the distribution chain of the product (Wong 2010). The defendant may range from the manufacturer of the product to the seller or the lessor of the product. In addition, anyone who services the product or installs the product after purchase may stand liable in the event that the product is defective. Principally, the basis of action in a product liability litigation are the negligence, intent, strict liability, breach of implied warranty of merchantability, and general misrepresentation (Wong 2010). In practice, prosecutions in product liability have significantly relied on the Third Restatement of Torts, on section 402A