UCC (broadest damages, but too many defenses- seller disclaimers, conditions precedent) 402B Misrepresentation – 402A Strict Liability – Claim: Possible P’s: Possible D’s: Damages: Defenses: Negligence Anyone owed a Anyone who Anything Ass of risk, duty breaches proximately comparative/contrib. resulting from.. fault, supervening, statute of lim, immunities UCC 2-715 Foreseeable P Seller of goods Economic, Disclaimers, xpress/Imp/ImpM property, person conditions… Misrepresentation One who buys One who Personal Same as negligence 402B misr. making misr. injury… S.L. 402A User, consumer, Maker, seller Injury to person, Open and obvious – MM/MD/FtW foreseeable property Ordinarily aware bystander Assumed risk Immunities Economic Loss Rule No tort theory of recovery allowed for purely – economic losses 1st substantive tort you must ID which theories can be used in – combination and which are mutually exclusive Under Products Liability, there are no fewer than 8 theories that are actionable Negligence (1) UCC Express (2) Implied Merchantability (3) Fitness (4) 402B (5) 402A Mismanufacture (6) Misdesign (7) Failure to Warn (8) UCC Article II - Can be used to situations involving the sale of goods – What about hybrid sale and service transactions Look to dominate feature If dominant feature is the sale UCC is applicable –
UCC (broadest damages, but too many defenses- seller disclaimers, conditions precedent) 402B – Misrepresentation 402A – Strict Liability Claim: Possible P’s: Possible D’s: Damages: Defenses: Negligence Anyone owed a duty Anyone who breaches Anything proximately resulting from.. Ass of risk, comparative/contrib. fault, supervening, statute of lim, immunities UCC 2-715 xpress/Imp/ImpM Foreseeable P Seller of goods Economic, property, person Disclaimers, conditions… Misrepresentation 402B One who buys misr. One who making misr. Personal injury… Same as negligence S.L. – 402A MM/MD/FtW User, consumer, foreseeable bystander Maker, seller Injury to person, property Open and obvious Ordinarily aware Assumed risk Immunities Economic Loss Rule – No tort theory of recovery allowed for purely economic losses 1st substantive tort – you must ID which theories can be used in combination and which are mutually exclusive Under Products Liability, there are no fewer than 8 theories that are actionable Negligence (1) UCC Express (2) Implied Merchantability (3) Fitness (4) 402B (5) 402A Mismanufacture (6) Misdesign (7) Failure to Warn (8) UCC – Article II - Can be used to situations involving the sale of goods What about hybrid sale and service transactions Look to dominate feature If dominant feature is the sale – UCC is applicable
Torts-Prosser-Wade-and-Schwartzs-12ed.docx