Strict Product Liability

Issue Statements:The purpose of the issue statement is to identify the general area of law which is in question. Identify the parties involved and provide a very brief fact which may be pivotal to the understanding the basis of the claim. Remember this is never a can sue statement

Rule Statement:When writing the Rule, make sure you write first the general rule and then provide the elements and defenses. This rule applies to the issue of torts and not to either party in particular. At no point should you make a list of rules. I would usually save details for the analysis. The Rule statement for Strict Product Liability must start with a general rule which focuses on the product, not the actor or the manufacturer. Remember to include defenses. Save lengthy explanations or detailed rules for your analysis. The more detailed elements are the method of explaining the general rule and elements.

Analysis:Use multiple paragraphs. Always start your analysis with a separate paragraph of facts. Then in a separate paragraph (s) tell the story of how these facts would be seen in light of the rule of law and prior case analysis of the law. Provide specific examples and hypothetical examples. Use prior cases to illustrate your points. Do not fall into the trap of begin conclusion at the beginning of your analysis. Questions must be raised, and facts looked at from the most positive point of view and the most negative. When there are multiple elements use bridge words (furthermore, additionally….) to move from one element to another. When there are defenses be sure to analyze the defenses as well as the elements.

S trict Product Liability

Baxter manufactures electric hair dryers and curling irons. Julie purchases a Baxter curling iron r from her local Ace Drugstore. Cox, a friend and guest in Julie’s home, has taken a shower and wants to curl her hair. Julie tells Cox to use the Baxter hair curler that she has just purchased. Cox picks the curler up from the puddle of water where Julie has left it. As she plugs in the curler, sparks fly from the motor, and sparks continue to fly as she operates it. Despite this Cox begins curling her hair. Suddenly, the overheated curler ignites into flames, severely burning Cox’s scalp.

Using IRAC analyze Cox’s Strict Product Liability claim against Baxter. Remember to include all rules for Strict Product liability and in your analysis you must present rules which you do not think apply and explain why they would not apply. This may be a brief statement with a hypothetical showing how in other fact patterns the rule would be relevant. Do not jump to the rule which you think is most relevant and ignore the others. Include relevant defenses in your analysis. Bring in appropriate case law to support your analysis. In your analysis, be sure to discuss how different elements are determined. Again, if use of a hypothetical makes your discussion clearer please do so.

The post Strict Product Liability appeared first on Brainy Term Papers.

Answers

Related Questions

Binary Logistic Regression In SPSS Add 1 more vari...

  DUE 7/9/19 7 P.M ESTBE ON TIME AND ORIGINAL WORKAPA FORMAT, ERROR FREE & GRAD LEVELDATA AND TEMPLATE ATTACHED (FOLLOW TEMPLATE)REMINDER* You’re...

Article reading...

  Chapter 3 in the textbook discusses corrective justice and the concern with dispensing punishment. Under the Week 2 supplemental reading, review t...

Article reading...

  Chapter 3 in the textbook discusses corrective justice and the concern with dispensing punishment. Under the Week 2 supplemental reading, review t...

Article Review...

Choose an article on the use of medicines/drugs in healthcare. The article you choose to read should be at least 5 pages in length, detail the researc...

Law...

 For your first course project assignment, in a paragraph or two, describe the agency you have selected for the project. Include a sentence or two as...

Concepts...

  What is Social Psychology? How does social psychology help us understand the causes of social behavior?Please explain heuristics. Provide an examp...

outline...

 . Create an outline of the reading " Styles of Popular Music.". Use I, II, III....... Main ideas (Roman numbers) -each paragraph even the introduct...

Developing an Organizational Philosophy and Missio...

Darr writes, " To transform the organization so that its culture is a living reflection of values that facilitate the mission and vision, management m...

Determinate or Indeterminate Sentencing...

 In a two-page paper, do the following two things:First, research the state in which you reside and report if your state utilizes a determinate or in...

Discussion...

1.  Identify two of your strengths from any of the skills areas.  Conceptual and Technical Skills2.  Discuss how you can use each of those strength...

Biology Forum Post...

This week we continue to look at a case study about Dr. E.L. Trudeau, who performed a seminal early experiment validating the germ theory of infection...

week 6 Literature Review...

While the implementation plan prepares students to apply their research to the problem or issue they have identified for their capstone change proposa...

Health Law, Ethics, and Policy Wk4...

As a healthcare executive, you must be familiar with the rules that govern professional responsibility and liability not only for the health executive...

weeeeeek 4...

Hello Tutors, I need help on these, please. Please read carefully before accepting bid! Also, plagiarism will be checked, thanks.Part 1: Evaluating...

two assignments bro and ruc...

Week Nine Assignment-- 300 to 400 words- 'Ruc'1). Using the Web or other resources, write a brief paper about RSA, its history, its methodolog...

Deliverable 1 - Professional Ethics and Liability...

 CompetencyEvaluate public health policies and practices as they relate to legal and ethical implications for individuals and populations.Instruction...

Case study Apa style two references. See attachmen...

 You as the advanced practice nurse are working in a community health center. Your next patient is Mrs. Richards,  a 39 year-old Caucasian female,...

# 1...

  # 1 due 7/9/2019 - $15.00Proactive Self-CareIn the counseling profession, self-care is often thought of as a reaction to an increase in stress, ra...

Increasing US Prisons Population...

 Prisons in the United States are full; prison populations have grown significantly over the past few decades. At the same time, crime rates are down...

Homework Assignment (due on 7/8 11:59pm)...

 Your answers should be 4-6 sentences, depending on the question. Include page numbers in your responses so that you can refer back to the reading du...

Homework Assignment (due on 7/8 11:59pm)...

Your answers should be 4-6 sentences, depending on the question. Include page numbers in your responses so that you can refer back to the reading duri...

Becoming a Whole Teacher...

  Looking Ahead: Becoming a Whole Teacher      In order to effectively piece together what we know about child development and developmentally...

Homework 5...

Follow APA style, avoid plagiarism. Use references.Answer the following questions:1-How is the labor force defined in the US? 2-How is unemployment...

SCMT319...

150 WORDS AGRESS OR DISAGREEWhen defining terrorism I feel that is important to look at the international meaning of the word and how countries look t...

If you didn't find the right answer

Ask Your Questions, We'll notify you once someone answers it