Author Question: A legal document that establishes some agency relationships is known as: a. articles of ... (Read 32 times)

Mollykgkg · **on:** Jun 24, 2018

A legal document that establishes some agency relationships is known as:
a. articles of incorporation b. motion to represent
c. partnership agreement
d. decree of business guardianship e. none of the other choices

Question 2

Design Defect. In May 1995, Ms. McCathern and her daughter, together with McCathern's cousin, Ms. Sanders, and her daughter, were riding in Sanders's 1994 Toyota 4Runner. Sanders was driving, McCathern was in the front passenger seat, and the children were in the back seat. Everyone was wearing a seat belt. While the group was traveling south on Oregon State Highway 395 at a speed of approximately fifty miles per hour, an oncoming vehicle veered into Sanders's lane of travel. When Sanders tried to steer clear, the 4Runner rolled over and landed upright on its four wheels. During the rollover, the roof over the front passenger seat collapsed, and as a result, McCathern sustained serious, permanent injuries. McCathern filed a suit in an Oregon state court against Toyota Motor Corp and others, alleging in part that the 1994 4Runner was dangerously defective and unreasonably dangerous in that the vehicle, as designed and sold, was unstable and prone to rollover. What is the test for product liability based on a design defect? What would McCathern have to prove to succeed under that test?

jessofishing · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

e

Answer to Question 2

Design defect
The jury returned a verdict in favor of McCathern and awarded damages totaling more than 7.6 million. An intermediate state appellate court affirmed, and Toyota appealed to the state supreme court, which upheld the lower court's decision. The state supreme court applied, in the context of a product liability suit involving a design defect, the consumer expectations test. Under that test, a product is deemed defective if it is more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. (The court declined to use its previous standardthe reasonable manufacturer testunder which the focus was on the reasonableness of the manufacturer's motives and conduct in placing the product on the market.) Under this test, a plaintiff must prove that a product is both defective and unreasonably dangerous to the ordinary consumer. Here, McCathern proved that the 1996 4Runner was a safer design that was feasible and practicable when Toyota manufactured the 1994 4Runner. McCathern also proved that the design of the 1994 4Runner caused her inju-ries, i.e., that the 1996 4Runner would not have rolled over under similar circumstances.