Running Head: Strict Liability Torts Strict Liability Torts (Product Liability) Adil Elatillah LEG 300 Professor: Queen Meheux Spring 2012 Strayer University Strict Liability exists in the criminal context as well as civil‚ it is a legal responsibility for any damages and losses caused by a person or organization due to the act which is defined a fault in the criminal law term. Strict Liability‚ especially product liability is well known in tort law‚ of course criminal law and the
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Strict Liability Amanda Self BA265 Business Law II Abstract While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan‚ an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product‚ Eagle Tools Inc. Under strict liability‚ the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers
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Tort Law | Strict Liability | Alabama Law | | Shannon Martin | 12/22/2011 | | Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses‚ it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis
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Strict Liability for Defective Products - Part X of the CPA 1999 Section 68(1) provides that where any damage is caused wholly or partly by a defect product‚ the following persons shall be liable for the damage. The plaintiff only has to prove damage or defect in the product. Part X of CPA does not cover every product. Section 66 provides types of product such as goods and component parts and raw materials. Section 3 provides definition of goods. Only the goods which are purchased for private and
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IRAC Brief Law/531 Facts of the Case According to United States District Court District of Massachusetts Civil Action 11-10313-GAO (2013)‚ Anderson‚ Silva‚ Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts‚ 2013). Plaintiffs Case Each driver was provided with their truck Trucks provided to the contractors bore Sears Logo Uniforms bore both Sears and
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lawsuits and litigation from everyone suing everyone else‚ one must ask the question "where does product liability end and consumer responsibility begin?" This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum‚ the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side‚ we have the cigarette industry where the CEOs of the largest cigarette companies
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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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former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference will be made to decided cases and statutes. 2. Employer- Employee Relationship The employer- employee relationship is one of the most common occurrences of cases of vicarious liability. The most accepted reason for conferring liability to the employer is that by assigning a task to the employee‚ the employer creates a risk of harm and
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A2 law: tort: Vicarious Liability Question 2-Fairness/Unfairness. Vicarious liability arises when one party is responsible for the tort of another. This situation occurs frequently when an employer is held responsible for the torts committed by an employee. An employer can only be held responsible for the torts of an employee‚ not for an independent contractor. There are also some rules that must be satisfied. First it must be proven that the tortfeaser is an employee. The act the tortfeaser
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IABILITY 1 A THEORY OF VICARIOU S LIABILITY J.W . N EYERS * This article proposes a theory of vicarious liability which attempts to explain the central features and limitations of the doctrine. The main premise of the article is that the common law should continue to impose vicarious liability because it can co-exist with the current tort law regime that imposes liability for fault. The author lays out the central features of the doctrine of vicarious liability and examines why the leading rationales
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