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Torts and Products Liability

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A tort is a civil wrong resulting in injury to person or property. ... Intentional torts involve an intent or ... Self-defense. Defense of others. Negligence ... – PowerPoint PPT presentation

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Title: Torts and Products Liability


1
Torts and Products Liability
2
What is a tort?
  • A tort is a civil wrong resulting in injury to
    person or property.
  • Torts vary according to intent
  • Intentional Torts
  • Negligence
  • Strict Liability

3
Intentional Torts
  • Intentional torts involve an intent or desire to
    cause the consequences or involve a reasonable
    degree of certainty that the consequences will
    result.
  • Examples
  • assault battery
  • false imprisonment
  • intentional infliction of emotional distress
  • defamation
  • invasion of right to privacy
  • fraud
  • infringement
  • interference

4
Damages for Intentional Torts
  • Punitive Damages
  • Compensatory Damages
  • Equitable Relief (in rare cases)

5
Defenses to Intentional Torts
  • Consent
  • Self-defense
  • Defense of others

6
Negligence
  • Behavior that involves an unreasonable risk of
    causing injury or damage.
  • Elements
  • duty
  • breach
  • causing (causation)
  • harm (damage or injury)

7
Damages for Negligence
  • Compensatory Damages
  • Equitable Relief (in rare cases)

8
Defenses to Negligence
  • Contributory/ Comparative Negligence
  • Assumption of the Risk

9
Strict Liability
  • Strict Liability is liability without fault, that
    is, without intent or negligence.
  • Imposed in two circumstances
  • ultrahazardous activities
  • products liability

10
Products Liability
  • Products Liability is the legal Liability of the
    manufacturer and seller of a product that causes
    injury to the purchaser, user, or bystander.

11
Theories of Recovery in Products Liability
  • Intent
  • did the manufacturer or seller intend the
    consequences
  • Negligence
  • was the manufacturer or seller unreasonable
  • Strict Liability
  • was the product defective
  • Warranties
  • express implied

12
Defective Products
  • Types
  • manufacturing defect
  • design defect
  • failure to warn

13
Defenses to Strict Products Liability
  • Comparative Fault
  • Assumption of the Risk
  • Unforeseeable Misuse
  • Substantial Change
  • Statute of Limitations
  • State of the Art defense

14
Warranties
  • Express Warranties
  • Implied Warranty of Merchantability
  • Implied Warranty of Fitness for a Particular
    Purpose

15
Damages for Strict Products Liability
  • Compensatory Damages
  • Equitable Relief (in rare cases)
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