Products liability and commercial sales

• Author: Stanton T. Mathews/Anoush Lancaster
• Pages: 219-256

PRODUCTS LIABILITY &

COMMERCIAL SALES

6-1

CHAPTER 6

PRODUCTS LIABILITY AND

COMMERCIAL SALES

§61:00 STRICT PRODUCTS LIABILITY: MANUFACTURING OR DESIGN DEFECT

§62:00 STRICT PRODUCTS LIABILITY: FAILURE TO WARN

§63:00 BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

§64:00 BREACH OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE

§65:00 BREACH OF WARRANTY OF TITLE IN SALES CONTRACT

§66:00 BREACH OF IMPLIED WARRANTY OF HABITABILITY

§67:00 PRODUCTS LIABILITYNEGLIGENCE

§61:00 STRICT PRODUCTS LIABILITY: MANUFACTURING OR DESIGN DEFECT

§1:10 Def‌inition

§1:20 Elements

§1:21 Defective Product

§1:22 Persons Subject to Strict Products Liability

§1:23 Causation and Damage

§1:30 Authorities

§1:31 Defective Product

§1:31a Def‌inition of Product

§1:31b Proof of Defect

§1:31c Manufacturing Defects

§1:31d Design Defects

Unavoidably Dangerous Products

Two Tests for Design Defects

Consumer Expectation Test

Risk Benef‌it Balancing Test

Examples of Defective Designs

§1:32 Persons Subject to Strict Liability

§1:33 Causation and Damage

§1:40 Remedies

§1:50 Statute of Limitations

§1:60 Aff‌irmative Defenses

§1:70 Related Causes of Action

§1:80 Form Complaints

§62:00 STRICT PRODUCTS LIABILITY: FAILURE TO WARN

§2:10 Def‌inition

§2:20 Elements

§2:21 Duty to Warn

§2:22 Failure to Adequately Warn

§2:23 Causation and Damage

§2:30 Authorities

PRODUCTS LIABILITY &

COMMERCIAL SALES

California Causes of Action 6-2

§2:31 Duty to Warn

§2:31a Persons Subject to Strict Products Liability

§2:31b Knowledge of Risk

§2:31c Def‌inition of Product

§2:31d Proof of Defect

§2:32 Failure to Adequately Warn

§2:33 Causation and Damage

§2:40 Remedies

§2:50 Statute of Limitations

§2:60 Aff‌irmative Defenses

§2:70 Related Causes of Action

§63:00 BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

§3:10 Def‌inition

§3:20 Elements

§3:21 Sale of Goods by Merchant

§3:22 Privity

§3:23 Breach of Warranty

§3:24 Causation and Damage

§3:25 Timely Notice to Seller

§3:30 Authorities

§3:31 Sale of Goods by Merchant

§3:32 Privity

§3:33 Breach of Warranty

§3:34 Causation and Damage

§3:35 Timely Notice to Seller

§3:40 Remedies

§3:50 Statute of Limitations

§3:60 Aff‌irmative Defenses

§3:70 Related Causes of Action

§64:00 BREACH OF IMPLIED WARRANTY OF FITNESS

§4:10 Def‌inition

§4:20 Elements

§4:21 Sale of Goods

§4:22 Privity

§4:23 Seller’s Knowledge of Intended Use

§4:24 Buyer’s Reliance on Seller’s Skill or Judgment

§4:25 Breach of Warranty

§4:26 Causation and Damage

§4:27 Timely Notice to Seller

§4:30 Authorities

§4:31 Sale of Goods

§4:32 Privity

§4:33 Seller’s Knowledge of Intended Use

§4:34 Buyer’s Reliance on Seller’s Skill or Judgment

§4:35 Breach of Warranty

§4:36 Causation and Damage

§4:37 Timely Notice to Seller

§4:40 Remedies

§4:50 Statute of Limitations

§4:60 Aff‌irmative Defenses

§4:70 Related Causes of Action

PRODUCTS LIABILITY &

COMMERCIAL SALES

6-3 Products Liability and Commercial Sales

§65:00 BREACH OF WARRANTY OF TITLE IN SALES CONTRACT

§5:10 Def‌inition

§5:20 Elements

§5:21 Sales Contract

§5:22 Privity of Contract

§5:23 Breach of Warranty of Title

§5:24 Buyer Believed Title Was Good

§5:25 Notice to Seller

§5:26 Actual Loss

§5:30 Authorities

§5:31 Sales Contract

§5:32 Privity of Contract

§5:33 Breach of Warranty of Title

§5:34 Buyer Believed Title Was Good

§5:35 Notice to Seller

§5:36 Actual Loss

§5:40 Remedies

§5:50 Statute of Limitations

§5:60 Aff‌irmative Defenses

§5:70 Related Causes of Action

§66:00 BREACH OF IMPLIED WARRANTY OF HABITABILITY

§6:10 Def‌inition

§6:20 Elements

§6:21 Valid Rental Agreement

§6:22 Notice to Landlord

§6:23 Substantial Defect

§6:24 Defect Not Caused by Tenant

§6:30 Authorities

§6:31 Valid Rental Agreement

§6:32 Notice to Landlord

§6:33 Substantial Defect

§6:34 Defect Not Caused by Tenant

§6:40 Remedies

§6:50 Statute of Limitations

§6:60 Aff‌irmative Defenses

§6:70 Related Causes of Action

§67:00 PRODUCTS LIABILITYNEGLIGENCE

§7:10 Def‌inition

§7:20 Elements

§7:30 Authorities

§7:31 Duty

§7:32 Breach

§7:33 Causation

§7:33a Negligence Need Not Be Sole Cause

§7:33b Intervening/Superseding Cause

§7:33c Reasonably Foreseeable Damage

§7:34 Damages

§7:34a Emotional Distress

§7:34b Medical Damages

§7:40 Remedies

§7:41 Compensatory Damages

§7:42 Emotional Distress