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"Here is the Link Assume that you're suing the manufacturer. Which tort you would sue: negligence, strict liability, etc.? 1. Would you sue the manufacturer based on negligence or strict liability. 2. What defenses might the manufacturer have? Why? I need this by midnight please. (^_^)"
Lc27Junior Lc27Junior 16-17, M 3 Answers Dec 15, 2009

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Talk to your local priest.

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Both negligence (design defect and manufacturing defect) and strict liability, also breach of warranties, specific and implied, and possibly also breach of contract if I am representing a re-seller in the United States. The negligence would be using paint with high quantity of lead in it on a toy designed for children, which gives the manufacturer a higher duty to the consumer. The strict liability would be standard products liability law applied. The breach of warranties claims would include (1) breach of an express warranty, (2) breach of an implied warranty of merchantability, and (3) breach of an implied warranty of fitness for a particular purpose. Defenses might include standard denials, preemption, lack of privity.

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considering that I was just doing my wifes bizlaw hw for her, I find this hysterical...

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