RSM225H1 Study Guide - Final Guide: Parol Evidence Rule, Nuisance, Estoppel
Document Summary
Liability of manufacturers for injury or loss arising from defects in its products. Consumers: prove that the product caused the harm. Manufactures: show that the defect was not something for which it should be held responsible for since they took all the precautions necessary to prevent the defect. Extends to all who use products and are injured as a result. Make sure users are aware of risks associated with the product. May be enough to warn a learned intermediary ie, a physician that does boob jobs. Consumers: must show she would not have used the product after the warning and that the failure to warn must have been the case of the injury. Dangerous products triggering a duty to warn. Contributory negligence: negligence of an injured party that contributes to her own loss or injury. Failure to migate damage: duty to act reasonably and quickly to minimize the extent of damage.
