BLAW 2013 Lecture Notes - Lecture 22: Unsecured Debt, Surety, Product Liability
21 Mar 2017
School
Department
Course
Professor
Document Summary
Abnormally dangerous activities: abnormally dangerous activities => strict liability doctrine. Activities w. high risk of serous harm to person/ property that cannot be guaranteed by exercise of reasonable care: blasting (e. g. demolition of buildings, storing explosives, keeping wild animals, signi cant application. Manufactures/ sellers for harmful/ defective (liability= manner of social policy: cost of injury spreads throughout society by increasing its price, making pro ts from high risk activities. Cases not under strict liability: professional malpractice, dog bits. Product liability: (strict) product liability. = matter of public policy (negligence not consideration) 3 assumptions: consumers should be protected from unsafe products, providers= not escape liability for fault/ defective products, providers= bear the cost (because they can ultimately cover cost by sales) Plaintiff= not have to be the one purchased the product. Liability cannot be waived (cannot modify the condition of products) Creditor-debtor relations : collection by creditor: liens garnishments, mortgages, suretyship, truth in leading & usury, bankruptcy.
