Ask Question, Ask an Expert

+61-413 786 465

info@mywordsolution.com

Ask Management Theories Expert

Whether they admit to it or not, all legal professionals will, from time to time, use the law for social engineering purposes. One example of this social engineering function is found in the doctrine of product liability and one clear example of product liability is seen in the automotive industry.

A case on point is Huff v. White Motor Co., a lawsuit that started a trend toward a new standard of automotive product liability. Prior to this case, as strange as it may seem to us today, automotive manufacturers had successfully argued that "the intended purpose of an automobile does not include its participation in collisions." The pre- Huff rule stated that automobile makers had no responsibility to design and manufacture cars that would protect passengers and drivers from the effects of an accident. Since Huff started the ball rolling three decades ago, the courts and the legislatures have altered this standard and have declared that car manufacturers must now design vehicles that have a high level of "crashworthiness."

Moreover, and perhaps more to the point, the crashworthiness standard is not based on warranties or negligence. Instead, the standard is based on strict liability. This means that the consumer in an automotive product liability lawsuit does not have to demonstrate that the manufacturer violated a warranty or behaved negligently. The simple fact that the automobile was unsafe beyond what would be expected by the ordinary consumer is enough to result in liability.

Today the strict liability standard applies to all products not just vehicles. In addition, the standard extends beyond privity and can be used to hold both the manufacturer and the seller liable. Remember, though, that the law is a balancing act. The courts have also ruled, on the opposite end of the spectrum, that the manufacturers of dangerous products are permitted to promote the sale of their products even though they know that the products are dangerous (not unsafe, but dangerous; there is a difference).

As long as the product itself is legal, the corporation can advertise and sell the product despite its dangerous nature. Thus, somewhere within the intangible dimension of legal niceties there exists an invisible, largely undetectable line between manufacturing products that are unsafe and selling products that are dangerous. Manufacturing "unsafe products" is wrong; selling "dangerous products" is not. As you read the chapter, see if you can detect just where that line might be drawn.

(See Huff v. White Motor Co ., 565 F.2d 104 (7 thCir. App. Ct 1977); David Lauter, "Automakers Face Strict Liability," The National Law Journal (December 21, 1981), p. 18; and Charles H. Moellenberg, Jr., and Leon F. DeJulius, Jr., "Remove the Tort Liability Muzzle," The National Law Journal , (May 10, 2010), p. 34.)

Opening Case Questions
1. Is Huff v. White Motors Co. a tort case or a contract case? Explain.

2. What is the difference between a lawsuit based on negligence and one based on strict liability? Explain.

3. Is the "crashworthiness" standard found in sales law or tort law? Explain.

4. What is significant about the fact that the plaintiff in an automotive product liability case does not have to prove privity? Explain.

5. What is the difference between a "dangerous" product and an "unsafe" product? Explain.

Management Theories, Management Studies

  • Category:- Management Theories
  • Reference No.:- M92188713

Have any Question?


Related Questions in Management Theories

Assessment descriptionyou are required to read the

Assessment Description You are required to read the following journal article article: 1. How Risky is Your Company? HBR. May-June 1999 You are also required to read a fictional case study based on a company that will be ...

A surgical technique is performed on nine patients you are

A surgical technique is performed on nine patients. You are told there is 70% chance of success. Find the probability that the surgery is successful for exactly 6 patients.

Assessment - business research proposalfor this assessment

Assessment - Business Research Proposal For this assessment, students are expected to present a written research proposal that is based on the literature review (Assessment 1) and demonstrates their understanding of busi ...

Questionwrite a paper of 1000-1500 words that addresses the

Question: Write a paper of 1,000-1,500 words that addresses the following: 1. Discuss two or three of the major shifts that have occurred in managerial theories and concepts pertaining to the evolution of human resources ...

Discussion post in a minimum of 150 words select one of the

Discussion Post: In a minimum of 150 words, select one of the discussion questions from the case study and answer the discussion question you selected. (The list of discussion questions from the case study are listed bel ...

Healthcare information technology overview the current

Healthcare Information Technology Overview: The current healthcare industry utilizes a plethora of healthcare information technology (HIT) systems. HIT systems are designed to enhance quality outcomes, prevent adverse ev ...

As a single parent earning on a limited income how can you

As a single parent earning on a limited income, how can you stretch your grocery dollar to plan nutritious meals for you and your children? Would you seek the assistance of federal programs?

The following are amounts of time minutes spent on hygiene

The following are amounts of time (minutes) spent on hygiene and grooming in the morning by survey respondents (based on data from an SCA survey). 15, 16, 18, 25, 26, 30, 32, 41, 45, 55, 63. Does the number 63 appear unu ...

Team projectprepare an evaluation of quality within the

Team Project Prepare an evaluation of quality within the organization chosen by the team Use information learned in this course and in prior courses in statistics or quantitative methods, apply the appropriate tools to f ...

Case study assignment -case description liang global

Case Study Assignment - Case Description: Liang Global Solutions (LGS) operates in the six New England states. LGS faced an important decision: selecting network software that would maximize functionality, manageability, ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As