Answer: See explanation
Explanation:
Substituted judgment simply refers to a decision that is made by an individual on behalf of someone else who is considered to be incompetent and therefore unable to make a decision for himself or herself.
In such scenario, the decision-maker trhes as much as possible to be accurate and make a decision with facts on behalf of the incompetent person.
When a product fails to perform as warranted, this is called a) contractual liability. O b) product malfunction. c) malicious manufacture. d) breach of warranty
B
23 states have enacted all or part of the UCC as statutes
Answer:
Market share liability
Explanation:
To understand the doctrine of market share liability, it is important to first know the meaning of market share itself.
Market share refers to the percentage of the overall sales of a particular industry that is generated by a company. It calculated by dividing the total sales of the firm during a specified period by the aggregate sales of the industry during the same period. This gives an idea what the size of a company is compared with its competitors in the industry.
From the question, market share of BDC for that drug i Ohio is believed to be 40% when the mother of the plaintiff was taking it.
Market share liability is a legal doctrine unique to the law of the U.S. which gives an opportunity to a plaintiff who sustained an injury from a fungible product to establish a prima facie case against the product based on the market share of the manufacturers of that product, regardless of whether or not knows the actual producer of the product.
Therefore, the state of the plaintiff follows the doctrine of market share liability if he is able to collect $40,000 which from BDC out of the $100,000.
Note:
The $40,000 is obtained after applying 40% market share of BDC to the $100,000 total damages.
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