BLAW 3310 Exam 2 Study Guide
INTENTIONAL MISREPRESENTATION - answerfalse representation has been made
knowingly or without belief in its truth, recklessly, carelessly whether it be true or false
INTERFERENCE WITH PROSPECTIVE ADVANTAGE - answera tort where there is an
intentional and unjustified...
INTENTIONAL MISREPRESENTATION - answer✔false representation has been made
knowingly or without belief in its truth, recklessly, carelessly whether it be true or false
INTERFERENCE WITH PROSPECTIVE ADVANTAGE - answer✔a tort where there is an
intentional and unjustified intervention with a relationship that a party had been developing with
others in an effort to obtain new business or more business
PRODUCT LIABILITY - answer✔the producer is responsible for any injury that the business'
products may cause.
PROBLEM WITH PRODUCT LIABILITY - answer✔often, the person who bought product
didn't buy from manufacturer (ex. cars at dealership - MacPherson v. Buick Motor)
CASE: MACPHERSON V. BUICK MOTOR - answer✔case that deals with product liability
that said consumer can sue the maker of a product directly - wooden spokes with crack - Buick
was charged with NEGLIGENCE because, even though they didn't make the wheel, they could
have inspected it.
STRICT LIABILITY DOCTRINE - answer✔was the product sold in a defective condition?
Anyone who handled a product in the chain of distribution is liable
CASE: BAXTER V. FORD MOTOR - answer✔Ford said windshield would never break. it did,
and put Baxter's eye out.
STRICT LIABILITY BASED ON EXPRESS WARRANTY (BAXTER V. FORD MOTOR) -
answer✔when a product specifically doesn't live up to its warranty, anyone who handled the
product is liable (Baxter v. Ford Motor: Ford has express warranty that says windshield will
never break... it does and puts Baxter's eye out. Baxter successfully sues.)
CASE: GREENMAN V. YUBA POWER - answer✔1st case to deals with strict liability of
manufacturer of a product. Greenman's wife bought him a saw. Saw was defective (wiggled,
vibration onto board) - threw board at his head.
CATEGORIES OF PRODUCT DEFECT - answer✔a product: contains a manufacturing defect;
is defective by design; defective because of inadequate instructions/warnings. (180-185)
STATUTORY LIMITS ON LIABILITY: GOVERNMENTS HAVE LAWS THAT TRY TO
LIMIT LIABILITY - answer✔(1)Worker compensation statutes usually make that program the
exclusive remedy for injured workers, unless an intentional tort was involved.
(2)Federal regulations that prescribe maximum allowable radiation exposure levels set the
standard of care upon which liability is based.
(3)As government contractors, manufacturers of products made to government specifications are
generally immune from product liability.
(4)Products that must follow federal regulations regarding label requirements, including
warnings of possible injuries, may not be subject to common-law failure-to-warn actions. Such
defenses are limited.
(5)State laws may specify limits on liability, such as Colorado's statutory limits on the liability
of ski resorts for injuries suffered by skiers.
(187)
ULTRA HAZARDOUS ACTIVITIES - answer✔an activity so abnormally dangerous that the
actor is the guarantor of the safety (chemicals, explosives, nuclear). If anything bad goes wrong,
YOU are liable!
DEED - answer✔used for conveying an interest in land; a document that transfers title of real
property from one party to another
TYPES OF DEEDS - answer✔quit claim deed, warranty/general warranty deed, special warranty
deed
GENERAL WARRANTY DEED - answer✔best type of deed. grantor or seller warrants that
property is free of any liens and encumbrances unless revealed in title.
SPECIAL WARRANTY DEED - answer✔any liens and claims on property have been satisfied
EX: so as not to obtain mortgage on house; not as protective as general warranty deed
QUITCLAIM DEED - answer✔not a good deed. Person who gives you this kind of deed says
they give you all THEIR interests in the and: might not provide any assurance to good title of the
property!
REAL PROPERTY - answer✔refers to land; things under the land (oil, minerals); and things
solidly attached to the land (buildings and trees)
TITLE INSURANCE - answer✔a type of insurance that protects the buyer in case problems
(defects) with the title are found later; protects against claims against that property that are on the
public records are not reliable for things not on public record (ex. forged deed somewhere in
chain of title) 195
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