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Consumer Expectations Test
{{short description, Legal test for determining manufacturer liability for a defective product In legal disputes regarding product liability, a consumer expectations test is used to determine whether the product is negligently manufactured or whether a warning on the product is defective. Under this test, the product is considered defective if a reasonable consumer would find it defective. As an example, a reasonable consumer might find exposed blades on a lawnmower, without plastic guards that could be installed for pennies, to be defective because the risk of not having the plastic guards is higher than the costs of installing those guards. The test is typically applied to non-complex products which consumers might have expectations for. For example, consumers will typically not have specific safety expectations revolving around the design of landing gear on an airplane except for the fact that they do not want, or expect, to crash while the plane is landing. A closely relat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as well as the ''Restatements of the Law'' produced by the American Law Institute (ALI). The United States and the European Union's product ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product (business)
In marketing, a product is an object, or system, or service made available for consumer use as of the consumer demand; it is anything that can be offered to a market to satisfy the desire or need of a customer. In retailing, products are often referred to as '' merchandise'', and in manufacturing, products are bought as raw materials and then sold as finished goods. A service is also regarded as a type of product. In project management, products are the formal definition of the project deliverables that make up or contribute to delivering the objectives of the project. A related concept is that of a sub-product, a secondary but useful result of a production process. Dangerous products, particularly physical ones, that cause injuries to consumers or bystanders may be subject to product liability. Product classification A product can be classified as tangible or intangible. A tangible product is an actual physical object that can be perceived by touch such as a building, ve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligently
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Warning Label
A warning label is a label attached to a product, or contained in a product's instruction manual, warning the user about risks associated with its use, and may include restrictions by the manufacturer or seller on certain uses. Most of them are placed to limit civil liability in lawsuits against the item's manufacturer or seller (see product liability). That sometimes results in labels which for some people seem to state the obvious. Government regulation In the United States warning labels were instituted under the Federal Food, Drug, and Cosmetic Act of 1938. Cigarettes were not required to have warning labels in the United States until in 1965 Congress passed the Federal Cigarette Labeling and Advertising Act (FCLAA). In the EEA, a product containing hazardous mixtures must have a Unique formula identifier (UFI) code. This is not a warning label per se, but a code that helps poison control centres identify the exact formula of the hazardous product. Abnormal warning l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Product Defect
A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe".Patricia A. Robinson, ''Writing and Designing Manuals and Warnings'' (2009), p. 234. The field of law that addresses injuries caused by defective products is called ''product liability''. A wide range of circumstances can render a product defective. The product may have a design defect or design flaw, resulting from the product having been poorly designed or tested, so that the design itself yields a product that can not perform its desired function. Even if the design is correct, the product may have a manufacturing defect if it was incorrectly manufactured, for example if the wrong materials are used. A product may also be considered legally defective if it lacks appropriate i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Test (law)
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Test *Communi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landing Gear
Landing gear is the undercarriage of an aircraft or spacecraft that is used for takeoff or landing. For aircraft it is generally needed for both. It was also formerly called ''alighting gear'' by some manufacturers, such as the Glenn L. Martin Company. For aircraft, Stinton makes the terminology distinction ''undercarriage (British) = landing gear (US)''. For aircraft, the landing gear supports the craft when it is not flying, allowing it to take off, land, and taxi without damage. Wheeled landing gear is the most common, with skis or floats needed to operate from snow/ice/water and skids for vertical operation on land. Faster aircraft have retractable undercarriages, which fold away during flight to reduce drag. Some unusual landing gear have been evaluated experimentally. These include: no landing gear (to save weight), made possible by operating from a catapult cradle and flexible landing deck: air cushion (to enable operation over a wide range of ground obstacles and wat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Risk-utility Test
In legal disputes regarding product liability, a risk-utility test is used to determine whether a product's design or warning is defective, thereby making the manufacturer liable for injuries caused by its product. The manufacturer is held liable under the risk-utility test if the probability of injury times the gravity of injury under the current product design is more than the cost of an alternative reasonable design plus the diminished utility resulting from modifying the design. More simply, the court considers if the economic costs (determined from likely lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...s) are higher than the cost of changing the product design (ex: installing a plastic guard) plus the loss of use of the product (ex: the new guard makes it harder to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
