MGT 401 Lecture Notes - Lecture 3: Puffery, Breach (Security Exploit), Product Liability

• School: University at Buffalo
• Department: Management and Policy
• Course: MGT 401
• Professor: Mark Stuhlmiller

Document Summary

False misrepresentation: misrepresentation of a material fact w/ knowledge of falsity or reckless disregard the truth. Intent to induce another to rely on those misrepresentations: justifiable reliance by the deceived party, damaged results, casual connection between misrep and damage. Tortious interference with contact: a valid contact exists between plaintiff and 3rd party, defendant knows about that contact, defendant intentionally induces 3rd party to breach. Trespass to land (without permission: enters on land, causes something to enter land, remains on land or permits others to remain. Disparagement- of product or service: saying something false about a product/service. Product liability and strict liability: common negligence, fraudulent misrepresentation, strict product liability liability without fault. Duty of care for manufacturers: design, selection of appropriate materials, using appropriate production process, assembly/testing (wip, placement of adequate warning. Strict product liability: liability regardless of intent or exercise of reasonable care, no privity of contact required, majority of states recognize this theory.