Product Liabilityreal Chocolate Company Business
Sources are not required. Try to use your opinions in your responses. After responding to the questions, you also have to respond your opinions to one Student’s post.
WEEK THREE: June 09 – 13- STRICT LIABILITY, PRODUCT LIABILITY, CONSUMER PROTECTION
STRICT LIABILITY
Tell us whether the statements are true and false and why or why not.
A reasonable person standard is applied to strict liability questions.
Strict Liability is imposed for reasons other than fault.
Strict liability holds a defendant liable for the results of his or her actions only if those results were intended.
One of the requirements for a suit based on strict liability is a failure to exercise due care.
Assumption of risk is a defense to strict liability.
Strict Liability applies only to abnormally dangerous activities.
Strict liability requires the proof of a duty of care.
Tell us whether the statements are true and false and why or why not.
PRODUCT LIABILITY
Real Chocolate Company makes a box of candy, which it sells to Sweets Things, Inc, a distributor, Sweets sells the box to Tasty Candy store, where Jill buys it. Jill gives it to Ken, who breaks a tooth on a stone the same size and color of a piece of candy. If Real, Sweet, and Tasty were not negligent, can they be held liable for Ken’s injury? Explain in detail why and why not.
CONSUMER PROTECTION
Spot the issue and explain the related law to the solution.
EZ Electronics, Inc advertises Fiery-brand computers at a low price. EZ keeps only a few in stock and tells its staff to switch customers attracted by the price to more expensive brands. EZ tells its staff that if all else fails, refuse to show a Fiery, and if a customer insists on buying one, do not promise delivery. Joan comes into the store one day pursuant to the ad and insists on the Fiery. Gerald refuses numerous times and tries to get Joan to buy a more expensive computer. Joan knows that the Fiery is what she wants and that the store should deliver it to her. What can she do to get her computer?
Gert buys a notebook computer from EZ Electronics. She pays for it with her credit card. When it proves defective, she asks EZ to repair or replace it for free, but EZ refuses. What can Gert do?
United Pharmaceuticals, Inc. believe it has developed a new drug that will be effective in the treatment of AIDS patients. The drug has had only limited testing, but United wants to make the drug widely available as soon as possible. To market the drug what must United do to convince the Food and Drug Administration? Why?