This topic contains a solution. Click here to go to the answer

Author Question: A legal document that establishes some agency relationships is known as: a. articles of ... (Read 90 times)

Mollykgkg

  • Hero Member
  • *****
  • Posts: 529
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?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

jessofishing

  • Sr. Member
  • ****
  • Posts: 329
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.




Mollykgkg

  • Member
  • Posts: 529
Reply 2 on: Jun 24, 2018
Great answer, keep it coming :)


Perkypinki

  • Member
  • Posts: 339
Reply 3 on: Yesterday
Gracias!

 

Did you know?

Colchicine is a highly poisonous alkaloid originally extracted from a type of saffron plant that is used mainly to treat gout.

Did you know?

When intravenous medications are involved in adverse drug events, their harmful effects may occur more rapidly, and be more severe than errors with oral medications. This is due to the direct administration into the bloodstream.

Did you know?

The people with the highest levels of LDL are Mexican American males and non-Hispanic black females.

Did you know?

There used to be a metric calendar, as well as metric clocks. The metric calendar, or "French Republican Calendar" divided the year into 12 months, but each month was divided into three 10-day weeks. Each day had 10 decimal hours. Each hour had 100 decimal minutes. Due to lack of popularity, the metric clocks and calendars were ended in 1795, three years after they had been first marketed.

Did you know?

After a vasectomy, it takes about 12 ejaculations to clear out sperm that were already beyond the blocked area.

For a complete list of videos, visit our video library