Flashcard Set Preview
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| 1 |
products liability
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a manufacturer's or seller's tort liability for harm suffered by a buyer, user or bystander...
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MacPherson doctrine
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a court ruling extending a manufacturer's liability beyond the immediate purchaser of an article...
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strict liability or absolute liability
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liability that arises from the inherently dangerous activities resulting in harm to another,...
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implied warranty of merchantability
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a warranty representing to the buyer that merchandise is reasonably fit for the general purpose...
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state of the art
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the highest level of pertinent product scientific knowability, development, and technical knowledge...
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passive negligence
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a plaintiff's failure to discover a product defect or to guard against a possible defect
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active negligence or assumption of risk
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a plaintiff's voluntary use of a defective product with knowledge of the potential danger resulting...
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toxic tort
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a civil wrong arising from exposure to a toxic substance. Does not refer to a specific tort...
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environmental law
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the body of law that deals with the environment's maintenance and protection
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superfund
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a program established by the comprehensive environmental response, compensation and liability...
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potential responsible parties (PRP's)
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those parties CERCLA defines as having potential liability and the duty to clean up a superfund...
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commerical general liability (CGL)
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insurance that covers many of the common liability loss exposures faced by an organization,...
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occurance based policy
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insurance policy that provides coverage for occurrences that happen within the policy period...
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nominal damages
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a small sum awarded by a court to acknowledge that the plaintiff has suffered legal wrong,...
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special damages
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compensatory damages for actual losses that the plaintiff claims resulted from the defendant's...
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loss of wages and earnings
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the compensatory damages to compensate a plaintiff for any loss of income directly related...
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general damages
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compensatory damages that do not have an economic value and that are presumed to follow from...
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pain and suffering
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physical pain, including that not connected to a physical injury
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emotional distress
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a highly unpleasant mental reaction resulting from another person's conduct for which a court...
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bad-faith damages
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the damages awarded by a court when the defendant has engaged in unreasonable conduct either...
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survival statute
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a statute that preserves the right of a person's estate to recover damages that person sustained...
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joint tortfeasors
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2 or more parties who are jointly responsible for committing a tort
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contributions
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the right of a tortfeasor who has paid more than his or her proportional share of the damages...
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enterprise liability or industry wide liability
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an expanded liability concept requiring each member of an industry responsible for manufacturing ...
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alternative liability
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an expanded liability concept that shifts the burden of proof at each of several defendants...
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market share liabiilty
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an expanded liability concept that applies when a product that has harmed a consumer cannot...
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concert of action
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an expanded liability concept that applies when all defendants acted together or cooperatively
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conspiracy
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an expanded liability concept that applies when two or more parties worked together to commit...
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family purpose doctrine
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a liability concept that holds the owner of an automobile kept for the family's use vicariously...
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mass tort litigation
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a class action suit based on tort law rather than on contract law. Cases such as tobacco, asbestos,...
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statute of limitations
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a statute limiting the time for filing a suit, starting from the time the cause of action accured
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statute of repose
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a statute that requires a plaintiff to file a lawsuit within a specific time after a specific...
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scientific knowability
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this technological feasibility of producing a safer product based on existing knowledge
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defenses against both negligence and strict liability for products
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1. state of the art defense 2. compliance with stautes and regulations defense 3. compliance...
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a court can award punitive damages only in the following situations (2)
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1. the defendant actually intended to cause harm2. the defendant acted oppressively, maliciously...
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To asses punitive damages, courts usually consider the following three factors
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1. nature of the defendants actions2. size of the defendants assets3. purpose of punitive damages
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