Tag: Products
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Warranties
Warranties in the United States Article 2 of the UCC contains several warranty provisions (including Implied Warranty and Express Warranty), though these are not related specifically to products liability. Thus, under UCC, Section 2-312, unless explicitly excluded, the seller warrants he is […]
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Warranties
Warranties in the United States Article 2 of the UCC contains several warranty provisions (including Implied Warranty and Express Warranty), though these are not related specifically to products liability. Thus, under UCC, Section 2-312, unless explicitly excluded, the seller warrants he is […]
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Tort Reform
Tort Reform in the United States Introduction Business advocates claim the American tort system—products-liability law included—is broken and corrupted by grasping plaintiffs’ lawyers; plaintiffs’ lawyers say businesses are greedy and careless and need to be smacked into recognition of its […]
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Tort Reform
Tort Reform in the United States Introduction Business advocates claim the American tort system—products-liability law included—is broken and corrupted by grasping plaintiffs’ lawyers; plaintiffs’ lawyers say businesses are greedy and careless and need to be smacked into recognition of its […]
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Merchantability
Merchantability in the United States Implied Warranty of Merchantability Definition in Plain-English Law Implied Warranty Of Merchantability as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455): An implied warranty that a new item will work for its specified purpose. Implied […]
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Merchantability
Merchantability in the United States Implied Warranty of Merchantability Definition in Plain-English Law Implied Warranty Of Merchantability as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455): An implied warranty that a new item will work for its specified purpose. Implied […]
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Contributory Negligence
Contributory Negligence in United States Contributory Negligence Definition Failure of one injured by the negligence of another to use ordinary care, which failure is a concurrent cause with that of such other person in producing the injury. (This definition of Contributory Negligence is […]
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Contributory Negligence
Contributory Negligence in United States Contributory Negligence Definition Failure of one injured by the negligence of another to use ordinary care, which failure is a concurrent cause with that of such other person in producing the injury. (This definition of Contributory Negligence is […]
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Tort Liability
Tort Liability in the United States Note: for information about Strict Liability in Tort, click here. Journalistic Practices, Tort Liability and the Freedom of the Press According to the Encyclopedia of the American Constitution, about its article titled Journalistic Practices, Tort […]
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Tort Liability
Tort Liability in the United States Note: for information about Strict Liability in Tort, click here. Journalistic Practices, Tort Liability and the Freedom of the Press According to the Encyclopedia of the American Constitution, about its article titled Journalistic Practices, Tort […]
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Strict Liability
Strict Liability in the United States Strict Liability in Environmental Law A standard used to determine whether a particular action or connection with an activity should be the primary basis for holding the actor responsible for damages caused by the activity. The concept does not require […]
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Tort Strict Liability
Tort Strict Liability in the United States The warranties grounded in the Uniform Commercial Code (UCC) are often ineffective in assuring recovery for a plaintiff’s injuries. The notice requirements and the ability of a seller to disclaim the warranties remain bothersome problems, as does the […]
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Tort Strict Liability
Tort Strict Liability in the United States The warranties grounded in the Uniform Commercial Code (UCC) are often ineffective in assuring recovery for a plaintiff’s injuries. The notice requirements and the ability of a seller to disclaim the warranties remain bothersome problems, as does the […]
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Negligence Theory
Negligence Theory in the United States Negligence is a second possible cause of action for products-liability claimants. A main advantage is that no issues of privity are relevant, but there are often problems of proof; there are a number of robust common-law defenses, and federal preemption […]