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

Assignment -for this assignment analyze and discuss your

Assignment - For this assignment, analyze and discuss your personal leadership style. Based on your experiences, current readings, work experience, education, and use of self-assessment instruments describe what you thin ...

Assignment -personal reflection 1 -instructions - watch

Assignment - Personal Reflection 1 - Instructions - Watch Milgram's obedience video: Milgram Experiment Proves We Blindly Obey Authority. Consider the following. Christ called his disciples to follow him (Mark 1:17). He ...

Assignment -instructions - please follow instructions for

Assignment - Instructions - Please follow instructions for all for Personal Learning Journal. And each personal learning journal should be of 300words. Each student will keep a personal journal to reflect and record thei ...

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 ...

Archetypes in actionsenge ross smith roberts amp kleiner

Archetypes in Action Senge, Ross, Smith, Roberts, & Kleiner (1994) noted: At its broadest level, systems thinking encompasses a large and fairly amorphous body of methods, tools, and principles, all oriented to looking a ...

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 ...

Discussion - this discussion deals with the important topic

Discussion - This Discussion deals with the important topic of whether money is a motivator for increased job performance and satisfaction. Look at your own history of how you have been compensated, what problems you saw ...

Question - choose a product or technology interview five

Question - Choose a product or technology. Interview five consumers who buy that product and ask them what major problems they have with the product (or what major things they dislike about it). Then ask them to describe ...

Questions -1 choose an industry and then use the library or

Questions - 1. "Choose an industry and then use the library or the Internet to find data from secondary sources that will be highly useful in developing a marketing plan." Start thinking of the industry that relates to t ...

Developing leaders and organisations assessment - report on

Developing, Leaders and Organisations Assessment - Report on Promoting Individual Informal Workplace Learning Brief - You are the newly-appointed Human Resource Advisor in a medium-sized business that employs approximate ...

  • 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