LAW 531T Week 3 Apply Assignment

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LAW 531T Week 3 Apply Assignment
LAW 531T Week 3 Apply Assignment
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LAW 531T Week 3 Apply Assignment

Complete the Week 3 Apply Assignment in MyEducator.

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Week 3 Apply Assignment

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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.

 

 

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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.

 

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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.

 

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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.

 

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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.