RSM225H1 Study Guide - Final Guide: Uberrima Fides, Diminished Capacity, Frustration Of Purpose
Document Summary
Lecture 6: ch 4, 5 - torts cont. Product liability - law: extend duty of care by manufacture to all users of the products. Buyer of defective items may sue vendor for breach of contract, buyer may not always be the injured user > friend could sue seller for tort) Burden of proof: injured person to prove that the product caused the harm, manufacture will have to show not at fault (if manufacture aware of the expected defect > at fault) Product not defective > manufacture must warn of known dangers. Continues: if more dangers are discovered, manufacture must warn the public. Duty may be discharged by issuing the warning to a learned intermediary (ex. doctors) Duty of owner/occupier of land to visitors: statute - owner/occupier must not negligent dangers on property. Duty of owner/occupier to trespassers: not to deliberately harm them.
