Product liability essay product liability research paper shericia bonnett professor kapalko leg 500 – law and ethics in the business environment 09/09/2012 consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. In criminal law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of the courts to impose. Minimising the risk of action under the product liability provisions generally requires no more of manufacturers, importers and retailers than responsible business practice a culture of safety is an important attribute of any responsible organisation and should include being aware of what happens when their product is in the hands of the consumer. 23 productliability liability for defective products (“product liability”) is shared by contract, tort and statute law 1 in the past, this combination offered greater protection to the buyer against the retail seller than to the ultimate consumer against the manufacturer.
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product this includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and. Strict liability for damages proximately caused by an abnormally dangerous, or ultra hazardous, activity is one application of strict liability activities cannot be completely guarded against by the exercise of. Strict liability applies when a defendant places another person in danger, even in the absence of negligence, simply because he is in possession of a dangerous product, animal or weapon.
Running head: strict liability torts strict liability torts (product liability) adil elatillah leg 300 professor: queen meheux spring 2012 strayer university strict liability exists in the criminal context as well as civil, it is a legal responsibility for any damages and losses caused by a person or organization due to the act which is defined. Strict liability, especially product liability is well known in tort law, of course criminal law and the corporation law in the tort law, the strict liability is the enforcement of liability on a. Below is an essay on strict liability from anti essays, your source for research papers, essays, and term paper examples strict liability refers to the imposition liability on the defendant even in the absence of any negligent conduct on their part. Finally, strict liability only applies to people regularly engaged in the business of manufacturing, selling or leasing the defective product amateur or occasional sellers of products will not be held strictly liable. Strict liability essay - all kinds of academic writings & custom essays spend a little time and money to receive the dissertation you could not even think of forget about your worries, place your task here and get your quality paper in a few days.
Product liability is an area of law that targets individuals who bring and enables the availability of products to the public, and are accountable to the harm of the products they bring liabilities in this case involves misrepresentations, strict liabilities, negligence, and warranty theories. Negligence is an important element to determine the strict liability of a defendant negligence is considered to be the oldest theory of product liability as well as the strict liability. The doctrine of strict product liability in tort is, for the most part, now the law in every one of the fifty states (stearns, 2001) trinidad & tobago product liability laws product liability laws are basically the same across the board. Strict liability is a legal doctrine that makes a person or company responsible for their actions or products which cause damages regardless of any negligence or fault on their part.
Strict liability in criminal law - it is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. The morality of strict tort liability jules l coleman accidents occur personal property is damaged and sometimes is lost altogether accident victims are likely to suffer anything from. Strict product liability is indicating to the liability of all the parties among the procession of manufacturing a product for damages caused by the product this includes the manufacturer of the small piece, the assembler of the product the wholesaler and the retail store owner.
In a nutshell, strict product liability is a legal rule that says a seller, distributor or manufacturer of a defective product is liable to a person injured by that product regardless of whether the defendant did everything possible to make sure the defect never happened. - exploring strict liability strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea the plaintiff needs only to prove that the tort happened and that the defendant was responsible. Product liability is the area of law in which manufacturers, distributors, suppliers and retailers are held responsible for any injuries products cause.