USA Law

Tag: Products

  • 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 […]

  • Negligence Claims

    Negligence Claims in the United States Typical Negligence Claims: Design Defects and Inadequate Warnings Negligence theory in products liability (see more here) is most useful to analyze in two following types of legal issues: defective design and defective warnings. Design Defects […]

  • Warranty Theory

    Warranty Theory in the United States Problems with Warranty Theory in General It may seem that a person asserting a claim for breach of warranty will have a good chance of success under an express warranty or implied warranty theory of merchantability or fitness for a particular purpose. In […]

  • Warranty Theory

    Warranty Theory in the United States Problems with Warranty Theory in General It may seem that a person asserting a claim for breach of warranty will have a good chance of success under an express warranty or implied warranty theory of merchantability or fitness for a particular purpose. In […]

  • Warranty

    Warranty in the United States Warranty Definition In Insurance. A statement or agreement by the insured, which is part of the contract of insurance, and the truth of which is essential to the validity of the policy. For the distinction between warranty and representation, see […]

  • International Product Liability

    International Product Liability in the United States International Product Liability in the Context of Specific Jurisdiction, Foreign Defendants Specific Jurisdiction in International Product Liability and Tort Cases in International Civil Litigation Analysis of the Specific Jurisdiction […]

  • Express Warranty

    Express Warranty in the United States Express Warranty Definition Any manifestation of the nature or quality of goods that becomes a basis of the bargain. Things expressed may be prejudicial; things not expressed are not. In Plain-English Law, Express Warranty as defined by Nolo’s […]

  • Privity of contract

    Privity of contract in United States At common law for tort or contractual liability to flow there was a requirement of privity, i.e. direct negotiation, between the victim and tort feasor. Thus a manufacturer would not have been liable for a defective good. This rule has changed in late […]