BMGT 380 Lecture Notes - Lecture 16: Res Ipsa Loquitur, Implied Warranty, Pepsico

• School: University of Maryland
• Department: Business and Management
• Course: BMGT 380
• Professor: William Mc Clenahan

Document Summary

D. breached duty to p. by failing to eliminate a reasonably foreseeable risk of harm associated with the product. Negligent manufacture of goods(including improper materials and packaging) Evidence needed to provide breach of duty is under d. control. Discovery + res ipsa loquitur help p. in proving their case. Allows p. to win w/o proving a breach of duty. Seller must be engaged in the business of selling the product that harmed the p. The product must be in a defecive condiion when sold and must also be unreasonably dangerous b/c of that condiion. D. may avoid strict liability where the product was substanially modiied by the p. or another party ater the sale and the modiicaion contributed to the p. injury or other losses. The restatement (third)- approach calls for dif analyses for dif types of defects. Doesn"t require that the product be unreasonably dangerous.