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ECU FINA 2244 - Chapter 7 Outline

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Chapter 7Business TortsI. Misrepresentation Pg. 167A. Intentional Misrepresentation/Fraud: 1. Elementsa. material misrepresentation: False important information is passed onb. scienter: Bad intent to infraudc. intent to induce reliance: Defendant wants plaintiff to believe this falsehoodd. justifiable reliance: Plaintiff does rely on misrepresentaione. relationship between the parties (privity): Defendant and plaintiff are engagement in a relationship for a legal obligationf. causation: cause loss of somethingg. damages: Plaintiff suffered losses from defendant 2. Lightle Pg. 169B. Negligent Misrepresentation1. Requirements of relationship Supply of false information, personrelies on the information, suffers economic injury2. Squish La Fish: Relied on advice from adhesive II. Interference With Contractual Relations: When a businesses contract is wrongfully interfered with by a third party Pg. 168A. Elements: Prove a contract exists, the exist is known to the wrongdoer, thethird person intentionally interfered Pg. 170B. Potential Defendants: Can sue the third party who interfered C. Slater Numismatics, LLC: III. Interference With Prospective Advantage Pg. 171A. Definition: Attempting to interfere with another persons’ business with improper manner B. Predatory behavior: Pushing away customers at the door vs. competition: comparing prices that are trueC. Gieske: Taking over the business, had reasonable inference IV. Product Liability Pg. 172-173A. General Definition: Producers and sellers relationship to those injuredB. Political Issues: Opposite views on each side, C. Consumer Products and Negligence Pg. 1731. Privity requirement (traditional): Direct relationship with the manufacturer 2. Caveat emptor: Let the buyer beware from buying from a third party. People change to a different lifestyle 3. MacPherson: Tire popped on a Buick from buying it from a different seller. Pg. 1744. Reasonable care: Manufactures must exercise reasonable careD. Strict Liability Pg. 1761. Definition: Holders manufactures liable to those affected by products2. Warranty: Promises made about the quality of the product. EX: tainted food and drinks are not safea. implied warranty: Come with a product with purchaseb. express warranty: Manufactures statement about quality or performance of a product 3. Strict Liability in Tort Pg. 177a. Defined: Does not require negligence, only requires is to say orshow the product was defective and was dangerous and caused the injurd. Manufacturer is liable for injuriesb. Greenman v. Yuba Power Products: Man hit in the head by one of his tools, cannot show negligence, manufacturer is responsible. Not applied in NCc. Sec. 402A of the Restatement 2nd Pg. 178-179d. Strict liability in tort in NC? Rejected, not able to sue under tort, not recognized as a cause of action4. Applications of Products Liability Pg. 181a. defect in manufacturing: Product is defective from the time it is manufacturedb. failure to warn1. Definition: Consumer was not warned 2. Morales: Child riding a motorcycle and is hit by a truck. Court ruled not 3. Parish: Trampolines4. extent of liabilityc. design defects1. extent of liability: - p. 183 *2. Timpte: Risk utility testd. unknown hazards: Pg. 1855. * Market Share Liability: When a plaintiff cant identify the maker of the product, can sue all manufactures of the product6. Joint & Several Liability: Plaintiff can sue any defendant who made the product and the defendant must bring in other defendants to share liability Pg. 1857. Defenses in Product Liability Suitsa. product misuse: Consumer was negligent b. assumption of risk: Consented to assume the risk c. sophisticated purchaser: Somebody who is aware of the potential hazardsd. bulk-supplier doctrine: Supplier sells a bulk, discharges the information and duty to the sellere. statutory limits: Receiving workers compensation or recoveringin a products liability case Pg. 187f. NC defenses: If product was altered or modified after if left themaker, if the user knew of the new condition and still used the product. Not responsible to warn about common knowledgeV. Ultrahazardous Activities: Activities involved with serious harm, crop dusting or chemicals. VI. Punitive Damages: Pg


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