Torts - Interspousal Immunity - Unliquidated Tort Claims ...
Torts and Products Liability. What is a tort? A tort is a civil wrong resulting in injury to person...
-
Upload
catherine-turner -
Category
Documents
-
view
214 -
download
0
Transcript of Torts and Products Liability. What is a tort? A tort is a civil wrong resulting in injury to person...
Torts and Products Liability
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
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
Damages for Intentional Torts
• Punitive Damages
• Compensatory Damages
• Equitable Relief (in rare cases)
Defenses to Intentional Torts
• Consent
• Self-defense
• Defense of others
Negligence
• Behavior that involves an unreasonable risk of causing injury or damage.
• Elements– duty– breach– causing (causation)– harm (damage or injury)
Damages for Negligence
• Compensatory Damages
• Equitable Relief (in rare cases)
Defenses to Negligence
• Contributory/ Comparative Negligence
• Assumption of the Risk
Strict Liability
• Strict Liability is liability without fault, that is, without intent or negligence.
• Imposed in two circumstances:– ultrahazardous activities– products liability
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.
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
Defective Products
• Types:– manufacturing defect– design defect– failure to warn
Defenses to Strict Products Liability
• Comparative Fault
• Assumption of the Risk
• Unforeseeable Misuse
• Substantial Change
• Statute of Limitations
• State of the Art defense
Warranties
• Express Warranties
• Implied Warranty of Merchantability
• Implied Warranty of Fitness for a Particular Purpose
Damages for Strict Products Liability
• Compensatory Damages
• Equitable Relief (in rare cases)