Tort / Business Law Questions
Chapter 24 Product Liability: Warranties and Torts
The issue in this case is whether or not Maria Gonzalez and/on behalf of Angel would recover in a lawsuit against either Morflow or Robertshaw, alleging defects in the design of the water heater and failure to warn. The law of strict liability states that one who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the user if the seller is engaged in the business of selling such a product and it is expected to or does reach the customer without substantial change in the condition in which it was sold. Failure to warn or give adequate directions involving an unreasonably dangerous product may provide grounds for strict liability, even where the product is not defective. In this case, both Morflow and Robertshaw would be potential defendants, because both are engaged in the business of selling such products. However, there is nothing in the facts to indicate that the water heater had a defective design- Angel was scalded as a result of Daniel leaving him alone with the water running. Although the water heater may be considered as an unreasonably dangerous product, plaintiffs would not be able to recover under the failure...
Limitations of the Research or Gaps A Critical Analysis of the Business Judgement Rule under the Australian Corporation Law There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldwide in recent years. The most recent and larger cases are those of the fall of the mighty U.S.-based Enron International and the Australian firm, HIH Insurance. These cases shook the faith of the stakeholders
English Right of Set-Off and Combination in the Circumstance of Insolvency The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights
These claims are virtually all based on the concept that corporations - particularly multinationals -- should be held accountable for their actions within their sphere of operations. "Corporations, for their part, have responded in numerous ways, from denying any duties in the area of human rights to accepting voluntary codes that could constrain their behavior" (Ratner, 2001, p. 436). In fact, this very point is echoed throughout the literature; for
3 million buildings and plots of land. If it can conservatively be assumed that a minimum of five persons are affected for each business and a minimum of two persons for each building, then some 5 million people are directly involved in property-restitution claims - nearly a third of the population of the new Lander. (Blacksell et al., 1996, p. 200) Since December 1991, the number of claims filed with the
Internet: Privacy for High School Students An Analysis of Privacy Issues and High School Students in the United States Today In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of
The Corporation must have cross-boarder transactions. Which of the following would be classified as Cross-Boarder? (a) a merger wherein at least two companies are governed by the laws of different member states (b) the conversion into an SE of an existing company that for at least ONE year has had at least one subsidiary in another member state (c) the formation of a parent company where each of at least two of
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