Product Liability Discussion Questions
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University of Providence *
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220
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Law
Date
Jan 9, 2024
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docx
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Uploaded by ChancellorDragon1434
Warranty and Product Liability Questions for Discussion
1. What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?
After you discuss the differences can you ive a real life example of each.
2. You just sold your school classmate a computer that you had owned for three months. A week after the sale, you classmate complains that the characters on the screen fade noticeably after about 20 minutes. You had never noticed this when you used the computer. Have you breached the implied warranty of merchantability?
3 Same facts as above except your school classmate bought
the used computer from your school, which holds an annual sale of used computers. Has the school breached the implied
warranty of merchantability? Explain your answers to both questions above.
4.
Mary's three-year old daughter Megan competes in pageants. Mary buys a new curling iron to style Megan's hair. The first time she uses it, Megan's hair is melted and her skin is burned. Mary calls the company to complain and they tell her the curling iron is designed only for use on adult hair.
Any liability?
If so under what theory and what is
the defect? fully explain.
Essay Question
Liability Essay Question
1. Every Saturday morning, Peter takes his six-year-old daughter to swimming lessons at Briarwood Fitness Center. He and his daughter are not members of the Center: he has
merely bought a series of swimming lessons given in the Center’s teaching pool by Center staff. Normally, Peter sits beside the swimming pool while his daughter’s lesson proceeds. One Saturday morning, he leaves the side of the pool while his daughter is swimming. He wanders around the Center, inspecting the facilities. He watches some racketball games, looks into the beauty shop and cafeteria, then goes into the weight room. He decides to try out one of the weight machines.
Remembering his healthy youth, Peter selects a very heavy weight. He releases the brake on the machine, which sustains the weight until the user is ready to exercise. He rapidly discovers that he cannot sustain the weight that he has selected. His body crumples under the weight. Peter finds that he can only get out from underneath the weight by
twisting and falling out of the machine. In doing so, he severely injures his back.
The weight machine in question is manufactured by DominaFlex, Inc. It bears a warning sticker next to the place
where the user selects the weight to be lifted. The warning says:
“WARNING. Always use spotters when you lift. Do not use this equipment without first receiving instruction or reading the information booklet.”
A “spotter” is someone who stands by the machine while the user is using it, to watch, encourage and give assistance if needed. Peter says he did not know what the term means.
Members of the Center are given instruction in how to use the weight machines before they are allowed to use the weight room. Although use of the weight room is supposed to be confined to Center members, there is no sign on the door of the weight room to that effect, nor has the Center
put up any warning sign of its own by the machine. The instruction booklet was not left by the machine.
Peter wishes to sue both Briarwood Fitness Center and DominaFlex, Inc. Advise Peter about the issues that would be
raised in these actions.
2. Darla is in the pest control business. She develops and produces fumigation gas for her own use. She also sells the gas to consumers. Some of her competitors do not sell gas to consumers because consumers sometimes do not follow safety instructions. Darla sold a container of fumigation gas to Albert for use in ridding his apartment of insects. Although she had intended to produce gas of standard toxicity, she had unknowingly produced gas of unduly high toxicity. Albert used the gas and succeeded in killing all the insects in his apartment. Because he used the gas carelessly, some made its way into the apartment of his neighbor, Paul. The gas caused Paul to suffer serious lung damage and to fear that he would contract cancer as a result. 1. Is Darla liable to Paul? Discuss.
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