Products Liability Outline
Definition of Products Liability (PL)
Any cause of action having to do w/a product; not a cause of action in and of itself; rather, it has to do with an injury or accident arising out of the use of a product (any product sold in the stream of commerce; must be sold by a merchant) Theories of Liabilities / Causes of Actions
a. Negligence(§ B - pp. 2 - 3) i. Introduction ii. Elements
Standard of Care iii. Forms of Proof of Negligence iv. Defenses to Negligence
b. Breach of Warranty (§ C - pp. )
i. Express Warranty
1. Elements
2. Generally
3. Fact v. Opinion
4. Defenses to Express Warranty
5. Waiver of Express Warranty
ii. Implied Warranty of Merchantability
1. Elements
2. Generally
3. UCC § 2-314
4. Disclaimers of Implied Warranty of Merchantability
5. Product Malfunction Doctrine and Merchantability
6. Defenses to Implied Warranty of Merchantability iii. Implied Warranty of Fitness for Particular Purpose
1. Elements
2. Generally
3. Miscellaneous Applications
4. Defenses to Implied Warranty of Fitness
iv. Parties and Privity
1. Vertical
2. Horizontal
c. Strict Liability(§ D - pp. )
i. Elements
Any cause of action having to do w/a product; not a cause of action in and of itself; rather, it has to do with an injury or accident arising out of the use of a product (any product sold in the stream of commerce; must be sold by a merchant) Theories of Liabilities / Causes of Actions
a. Negligence(§ B - pp. 2 - 3) i. Introduction ii. Elements
Standard of Care iii. Forms of Proof of Negligence iv. Defenses to Negligence
b. Breach of Warranty (§ C - pp. )
i. Express Warranty
1. Elements
2. Generally
3. Fact v. Opinion
4. Defenses to Express Warranty
5. Waiver of Express Warranty
ii. Implied Warranty of Merchantability
1. Elements
2. Generally
3. UCC § 2-314
4. Disclaimers of Implied Warranty of Merchantability
5. Product Malfunction Doctrine and Merchantability
6. Defenses to Implied Warranty of Merchantability iii. Implied Warranty of Fitness for Particular Purpose
1. Elements
2. Generally
3. Miscellaneous Applications
4. Defenses to Implied Warranty of Fitness
iv. Parties and Privity
1. Vertical
2. Horizontal
c. Strict Liability(§ D - pp. )
i. Elements