- Description
LAW 531T Week 3 Apply Assignment
Complete the Week 3 Apply Assignment in MyEducator.
Note: In MyEducator, select Student Menu > Assessments to locate the assignment.
Week 3 Apply Assignment
- Bookmark question for later
Use the following information to answer questions 1–5.
MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN’Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer’s head flies off and injures his coworker Cliff.
How does the concept of strict liability apply to this situation?
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict liability.
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
- Bookmark question for later
How does the concept of strict product liability apply to this situation?
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict product liability.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.
- Bookmark question for later
How does the concept of privity of contract apply to this situation?
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached a contract with the customer.
- Bookmark question for later
How does the concept of defective design/manufacturing apply to this situation?
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to take care to avoid defective design or manufacturing.
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.
- Bookmark question for later
How does the concept of manufacturer’s duty to warn apply to this situation?
o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to warning consumers about the product.