How to Ace FYLSE/2006 F Q1

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

Fact Summary[edit]

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]

Products Liability[edit]

Strict Products Liability[edit]

  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]

  1. Assumption of Risk