How to Ace FYLSE/2006 F Q1

From Wikibooks, open books for an open world
Jump to navigation Jump to search

Fact Summary

[edit | edit source]

A manufactures a car with an airbag which A knew to be dangerous to children. Despite two safer technologies available, A installed neither. O bought A's car and O's child C was seriously injured by the inflating airbag.

Outline

[edit | edit source]

Products Liability

[edit | edit source]

Strict Products Liability

[edit | edit source]
  1. Proper defendant- commercial seller (manufacturer or distributor)
  2. Proper plaintiff - foreseeable user or consumer
  3. defective condition
Design Defect
Manufacturing defect
failure to warn
  1. Causation
actual
proximate
  1. damage

Defenses

[edit | edit source]
  1. Assumption of Risk
Retrieved from "https://en.wikibooks.org/w/index.php?title=How_to_Ace_FYLSE/2006_F_Q1&oldid=2756179"