LEB 320F 1st Edition Lecture 20 Outline of Last Lecture II Warranties a Express b Implied Warranty of Merchantability c Implied Warranty of Fitness for a Particular Purpose III Webster v Blue Tea Room IV Warranty of Title V Conflicting Overlapping Warranties VI Limiting Liability for Breach of Warranty VII Negligence VIII Strict Liability IX Defects X Defenses Outline of Current Lecture XI Defenses a McDonalds XII Other a Market share liability b Privity XIII Torts a Civil wrong v criminal wrong b Duty c Breach d Causation XIV Negligence a Damages b Defenses Current Lecture Defenses o Comparative fault What o Assumption of risk o Obvious o Misuse o State of the art Supersize o McDonald s o Just put it down o Chicken really high fat Other o What if product is consumed destroyed in use o Market share liability Drugs that cause birth defects Morph of joint and several o Privity used to have to be a buyer of the product Electric blankets child wets bed and then gets electrocuted o Does strict liability extend beyond the consumer Exploding 7 up Bystander recovery Is the economics different than for purchaser Sued as defective product Consider loss o Who should shoulder it Why Torts o Mostly Non consensual relationships o Historically Fill the gap between criminal law and contract law o Civil wrong against a person property v criminal wrong upsets the fiber of our society Both Goals of each Compensation Punishment o Can be intentional o Can be unintentional Negligence Battery o D B C D o Duty Reasonable person standard How far does duty go Otis Engineering v Clark o Intoxicated worker sent home o What if not on a work day o Not this far anymore Landowners Economic reason Classification i e trespasser duty of foreseeable traps licensee business invitee Professionals Malpractice Every profession carriers their own phenomena Negligence o Breach When you do not exercise the reasonable care under the circumstances Emergencies Lighting in high crime areas Negligence per se violate a statute Causation o Everything causes everything o What is the proximate cause Hit someone on a motorcycle Helmet o Me someone else o Foreseeability Pals Graf o Intervening causes break the chain of causation o Brown v Philadelphia College Negligence o Damages Compensatory Punitive o Defenses Contributory negligence Comparative
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