Prudence Quiz

| Because every piece of music moves through time, every piece of music has some type of rhythm.

Compensatory damages, I learned in class, are the out of pocket loss for injury, such as lack of work, medical bills, etc. This is a very set number in civil cases. Stern claimed the plaintiffs’ real property and personal property losses totaled $11 million. Stern also claimed $50,000 of damages for each plaintiff’s psychic impairment, totaling $64 million for 625 plaintiffs. Stern included psychic impairment as the most important element of their compensatory damage claim. Punitive damages, I learned in class, are a punishment for the defendant for pain and suffering inflicted. It is harder to put a set number to punitive damages. To receive punitive damages, Stern had to prove Pittston’s conduct was more than merely careless or negligent—that it was willful, wanton, or reckless—to punish Pittston and deter them from ever again harming the plaintiffs or others. A West Virginia Ad Hoc Commission of inquiry into the Buffalo Creek Flood found Pittston’s conduct to have been reckless. Therefore, Stern was able to use their findings as a reason to include punitive

the main ingredient for a no-FDA approved ingredient. This case would be an intentional tort. Intentional torts are defined as a civil wrong resulting from an intentional act committed by the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false

If the rule applied is based on the risk utility analysis, the defendant may be liable for a design defect even if the product complied with all the existing levels of technological advances at the time the design was done. The plaintiff should then use evidence based on the risk-utility factors to establish a design defect and a prima facie case. The trial court must permit the jury to consider whether the risks of injury outweighed the utility of the product’s design so that it can be rendered defective.

Explain the concept of strict liability and give two early examples of when this concept was used and applied by the courts.

B ) A theory is an integrated explanation of numerous hypotheses, each supported by a large body of observations and experiments.

Torts can fall under 3 categories intentional torts, negligent torts, and strict liability. Intentional torts include intentionally

• Was the employee acting in the course of employment when the tort was committed?

Mis Levine, had taken Phenergan under the care of a physician which led to the her being diagnosed with gang green which led to the amputation of her arm. Levine, filed a medical my practice lawsuit against the physician as well as the manufacturer of the drug Wyeth in the State of Vermont, in the state court not the federal court. Under her claim she argued that Wyeth had prior knowledge that the drug Phenergan entered an artery would lead to gang green with the risk of possible amputation. This risk was not properly disclosed on the warning label required under Vermont state law. Wyeth, position regarding this claim was that under the FDA they admit an adequate disclosure and warning labels that the FDA had approved.

What precedent or laws did the court use in order to come to its ultimate conclusion?

S 402.A Special liability of seller of product for physical harm to user or consumer states “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or his property”. For

Immediately after we are born, we start picking up sounds; the sound of our mother’s voice, the music playing in the elevator on the way to the car, and the happy cheers from a small child seeing their new sibling for the first time. We are always listening–picking up on conversations not meant for our ears, eavesdropping on the gossip of the adult world, and finding the meaning in the portentous silence. From all these auditory stimuli, we piece together the world around us to better understand what is happening to us, around us, and the secret happenings that were not for us to know. Great writers are the ones who listen and say nothing–who take it all in and save their classified information for a day when all the right words flow and form one epic story of the wondrous world we live in.

I don’t think it is ethical for Mrs. Thompson to sue defendants for her injury. Because it’s not a manufacturer mistake rather it’s her own ignorant behavior to put her finger before reading the instruction carefully. No a generally known danger should not be a defense to a product liability. It should be a strict liability as a defense to a product liability lawsuit.

Having established the purpose of strict liability, it is evident as to why it can be seen as a controversial area in law making and this essay will outline some of the arguments for and against it that are commonly put forward on the effective enforcement of the law and the maintenance of standards.

As we could see, it is clear that A1 have failed to fulfill its task to help consmers slim down after consuming them. Also, the manufacturer’s liability may be a legal thought or philosophy that holds makers or sellers accountable or liable for hurt caused by broken things oversubscribed within the market place. Manufacturers may be liable under certain statutes or under the Sale