Sample Essay on:
Product Liability

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Essay / Research Paper Abstract

This 5 page paper provides an overview of a case relating to product liability. This paper outlines the principles of product liability and applies a specific case as a demonstration. Bibliography lists 5 sources.

Page Count:

5 pages (~225 words per page)

File: MH11_MHCalCo3.rtf

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Unformatted sample text from the term paper:

foreign substance in his ice cream? Should Paul seek legal recourse with the supermarket (who sold the pint of ice cream) or the company, Cholesterol Gourmet, who distributes the ice cream? 2. What is the criterion for the presence of foreign objects in a consumed product, and how does it apply to Pauls case? 3. Can Paul sue for damages related to the emotional trauma of the consumption of a biohazard substance in his ice cream? 4. If Paul contracts hepatitis from consuming the ice cream that had a tampon with blood products on it that contained the hepatitis virus, can he sue for damages related to the contracting of this disease? 5. Does it matter that Paul could have contracted hepatitis from another source (specifically, exposure to hepatitis in cadaver extracted insulin)? Could this affect his ability to attach damages to the mishandling of the food product by Cholesterol Gourmet? Rules When Paul consumed the tampon in his ice cream, initially it would appear that the producer would be liable, based on California Code 2313(1), or the express warranties of the seller to the buyer. In essence, this code states that the process of selling the product is based on the belief that the sample or model from which this product was made is representative of the goods as a whole. Paul had purchased this ice cream before and had not found tampons in the ice cream (nor is it regularly believed that these should appear in this product) and so the sample that he purchased did not conform to the expectations or reasonable assessment of this product type. In this case, either the producer, Cholesterol Gourmet, or ...

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