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Unit 5 Torts Products Liability

Unit 5 Torts Products Liability. ARE 306. Products Liability. Defective design/manufacture Strict liability or negligence Strict liability not available in N.C. Products Liability (continued). Express warranties Subject to negotiation Interpretation Usage of the trade Course of dealing.

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Unit 5 Torts Products Liability

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  1. Unit 5 TortsProducts Liability ARE 306

  2. Products Liability • Defective design/manufacture • Strict liability or negligence • Strict liability not available in N.C.

  3. Products Liability (continued) • Express warranties • Subject to negotiation • Interpretation • Usage of the trade • Course of dealing

  4. Products Liability (continued) • Implied warranty of merchantability • Must be expressly disclaimed • Generally acceptable to trade

  5. Products Liability (continued) • Implied warranty of fitness for a particular purpose • Communicated directly • Implied by circumstances

  6. Products Liability (continued) • Defenses • Privity of contract • Extended to family/household/guests • “as is” language • Obvious defects

  7. Products Liability (continued) • Standard • Negligence • Strict liability

  8. Time • Statute of limitations

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