Transcript Unit 5 Torts Products Liability ARE 306 1

Unit 5 Torts
Products Liability
ARE 306
1
Products Liability
• Defective design/manufacture
• Strict liability or negligence
– Strict liability not available in N.C.
2
Products Liability (continued)
• Express warranties
– Subject to negotiation
– Interpretation
• Usage of the trade
• Course of dealing
3
Products Liability (continued)
• Implied warranty of merchantability
– Must be expressly disclaimed
– Generally acceptable to trade
4
Products Liability (continued)
• Implied warranty of fitness for a particular
purpose
– Communicated directly
– Implied by circumstances
5
Products Liability (continued)
• Defenses
– Privity of contract
• Extended to family/household/guests
– “as is” language
– Obvious defects
6
Products Liability (continued)
• Standard
– Negligence
– Strict liability
7
Time
• Statute of limitations
8