WK 3 Reply

Q.1 Write reply

Tort law provides a means for an injured party to obtain compensation from the party whose

actions caused the injury. Tort law provides three types of damage

s

.

Compensatory

damages,

Nominal

damages, Punitive damages. Torts are classified as intentional, n

egligent, or strict

liability, depending on the degree of willfulness required for the tort.

Negligence can be thought

of as the tort of carelessnes

s

. To prove negligence, one must prove four elements: (1) duty of

care, (2) breach of duty, (3) causation, a

nd (4) damages.

Negligence per se

and

res ipsa

loquitur

are two doctrines that may help the plaintiff prove negligence. Defenses to negligence

include contributory negligence, modified and pure comparative negligence, and assumption of

the risk (Kubasek, N

. K., Brennan, B. A., & Browne, M. N., 201, )

.

Reference

Kubasek, N. K., Brennan, B. A., & Browne, M. N. (2017).

The legal environment of business: a

critical thinking approach

(Eight). Pearson.

Q.2 Write a reply

I believe that product liability falls under the category

of Strict Liability. This is because in 1963

,

Greenman v. Yuba Power Products Co., "

and incorporated in Section 402A of the

Restatement (Second) of Torts

. This section reads as

follows:

12

(Links

to

an

external

site.)

59 Cal.2d 57 (1962).

1.

One who sells any product in a defective cond

ition, unreasonably dangerous to the user

or consumer or his family is subject to

liability

for physical harm thereby caused to the

ultimate user or consumer, or to his property, if

a.

the seller is engaged in the business of selling such a product; and

b.

it is

expected to and does reach the consumer or user without substantial

change in the condition in which it was sold.

2.

The rule stated in Subsection (1) applies although

a.

the seller has exercised all possible care in the preparation and sale of his

product; and

b.

the user or consumer has not bought the product from or entered into any

contractual relation with the seller.

*

(Links

to

an

external

site.)

(Kubasek, N. K.,

Brennan, B. A., & Browne, M. N., 2017, p.346) "

This tort focuses and emphasizes on the injuries that the consumer has undergone because of a

defective product and holds the retailer liable.

Kubasek, N. K., Brennan, B. A., & Browne, M. N. (2017).

The legal environment of business: a

critical thinking approach

(Eight). Pearson.

Q.1 Write reply

Tort law provides a means for an injured party to obtain compensation from the party whose

actions caused the injury. Tort law provides three types of damages. Compensatory damages,

Nominal damages, Punitive damages. Torts are classified as intentional, negligent, or strict

liability, depending on the degree of willfulness required for the tort. Negligence can be thought

of as the tort of carelessness. To prove negligence, one must prove four elements: (1) duty of

care, (2) breach of duty, (3) causation, and (4) damages. Negligence per se and res ipsa

loquitur are two doctrines that may help the plaintiff prove negligence. Defenses to negligence

include contributory negligence, modified and pure comparative negligence, and assumption of

the risk (Kubasek, N. K., Brennan, B. A., & Browne, M. N., 201, ).

Reference

Kubasek, N. K., Brennan, B. A., & Browne, M. N. (2017). The legal environment of business: a

critical thinking approach (Eight). Pearson.

Q.2 Write a reply

I believe that product liability falls under the category of Strict Liability. This is because in 1963

, Greenman v. Yuba Power Products Co., "

and incorporated in Section 402A of the Restatement (Second) of Torts. This section reads as

follows:

12 (Links to an external site.)59 Cal.2d 57 (1962).

1. One who sells any product in a defective condition, unreasonably dangerous to the user

or consumer or his family is subject to liability for physical harm thereby caused to the

ultimate user or consumer, or to his property, if

a. the seller is engaged in the business of selling such a product; and

b. it is expected to and does reach the consumer or user without substantial

change in the condition in which it was sold.

2. The rule stated in Subsection (1) applies although

a. the seller has exercised all possible care in the preparation and sale of his

product; and

b. the user or consumer has not bought the product from or entered into any

contractual relation with the seller.

* (Links to an external site.)

(Kubasek, N. K.,

Brennan, B. A., & Browne, M. N., 2017, p.346) "

This tort focuses and emphasizes on the injuries that the consumer has undergone because of a

defective product and holds the retailer liable.

Kubasek, N. K., Brennan, B. A., & Browne, M. N. (2017). The legal environment of business: a

critical thinking approach (Eight). Pearson.