Product liability law regulates relationships between manufacturers, wholesalers, distributors, and customers. The aim of the liability law is to protect customers from damaged, dangerous and defective products produced by manufactures and sold by wholesalers and retail sellers.
Depending upon local law and jurisdiction the product liability actions can be considered under a number of theories. There are three main theories when a plaintiff’s cause of action may be based on:
- breach of warranty;
- strict tort liability.
Each theory has certain advantageous and disadvantageous which depend on whether the theory is based on a tort (e.g., negligence and strict liability in tort) or a contract (e.g., breach of warranty).
Let’s discuss each theory and decide under which Charles might sue the manufacturer and/or the retailer.
It means that the manufacturing company can be found negligence for the absence of, or failure to exercise, proper or ordinary care of its products. In such actions the plaintiff must demonstrate that manufactures and sellers are obliged to provide goods fit for their foreseeable uses and if the plaintiff is injured it was resulted by improper exercise of reasonable care in the design, manufacture, or inspection process and the company has failed to meet its foreseeable obligations.
Under this theory Charles could sue the manufacture and/or the seller and in order to succeed he should prove one of the following:
- the defendant owed him or her a duty (called the duty of due care),
- the defendant breached that duty in some respect,
- the breach of duty was the proximate cause of the plaintiff’s injury,
- the plaintiff suffered a legally recognizable injury and was damaged.
The weakness of this theory is that usually it is difficult for the plaintiff to prove how the manufacture violated its duty of due care to the plaintiff if the manufacturing defect is suspected. It is quite expensive to hire appropriate experts, for example, engineer to indentify what went wrong at the factory and has led to the problem. More over sometimes the best experts are unable to prove it.
The advantage is that the jury might award the plaintiff punitive damages.
Breach of warranty
Under this theory the customers can sue the sellers for the violation of fulfillment the terms of a promise, claim, or representation made concerning the quality or type of the product. Under this law a seller gives certain warranties concerning goods that are sold and that he or she bears responsibility for these assertions. Basically there are two kinds of warranties which are express warranties and implied warranties…
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Journal of Political Economy
Description:Current issues are now on the Chicago Journals website. Read the latest issue.
One of the oldest and most prestigious journals in economics, the Journal of Political Economy (JPE) presents significant and essential scholarship in economic theory and practice. The journal publishes highly selective and widely cited analytical, interpretive, and empirical studies in a number of areas, including monetary theory, fiscal policy, labor economics, development, microeconomic and macroeconomic theory, international trade and finance, industrial organization, and social economics.
The "moving wall" represents the time period between the last issue available in JSTOR and the most recently published issue of a journal. Moving walls are generally represented in years. In rare instances, a publisher has elected to have a "zero" moving wall, so their current issues are available in JSTOR shortly after publication.
Note: In calculating the moving wall, the current year is not counted.
For example, if the current year is 2008 and a journal has a 5 year moving wall, articles from the year 2002 are available.
- Terms Related to the Moving Wall
- Fixed walls: Journals with no new volumes being added to the archive.
- Absorbed: Journals that are combined with another title.
- Complete: Journals that are no longer published or that have been combined with another title.
Subjects: Business & Economics, Business, Economics
Collections: Arts & Sciences I Collection, Business & Economics Collection, Business I Collection, JSTOR Essential Collection