1) The theory of product liability under which Weasley could have sued Mundungus to recover for Ginny's injuries is strict product liability.
However, the facts do not support such a claim because the negligence of Weasley caused Ginny's injuries. How could a child of six years be left alone in a spa?
<h3>What are the theories of product liability?</h3>
The theories of product liability, which involve injury or damage caused by a defective product, include negligence, breach of contract/warranty, and strict liability.
For strict liability to be imposed on Great Lakes, Weasley must prove that the tort occurred based on Mundungus' irresponsibility. The question is, was Mundungus responsible for caring for Ginny or her mother?
2) The Privity of contract would not be required in a product liability case against Great Lakes. Since the spa is a product of Great Lakes while Mundungus sold it to Weasley, there is no basis for Great Lakes to deny privity of contract.
<h3>What is the privity of contract?</h3>
Using privity of contract as a basis of defense means that only parties to a contract have right to sue and be sued so that they can enforce the rights and obligations arising from the contract.
3) The six requirements that Weasley must meet for action in strict product liability against Great Lakes are proving that:
- The spa caused Ginny to be injured and not Weasley's negligence.
- The spa that injured Ginny was defective.
- The defect of the spa caused Ginny's injury.
- The defect of the spa made it dangerous for Ginny.
- The negligence arose from Great Lakes.
- Great Lakes breached the contract warranty.
4) The defenses to product liability that Mundungus or Great Lakes can assert are as follows:
- Weasley lacks the locus standi.
- No duty of care was owed to Ginny by Mundungus or Great Lakes.
- Weasley misused the spa through her negligence.
- Weasley must know the riskiness of abandoning Ginny in the spa.
Thus, none of the theories of product liability supports Weasley's case.
Learn more about the theories of product liability at brainly.com/question/17202560
Answer:
Explanation:
Appeal:
An appeal is the process of making a formal request to a higher (appellate) court to reverse a lower court’s decision after the lower court has made a final judgment or ruling. Often, the losing party files an appeal with the higher court; this begins the appellate review process. An appellate court reviews the facts as presented in the trial, and no other evidence is considered in making an appellate decision. The main purpose of an appeal is to review the legal decisions made at the trial court level.
Appellant:
An appellant is the party to a lawsuit who is seeking an appeal from a lower court decision. The appellant is typically the party who lost at the trial court level. The appellant must file a notice of appeal and offer a legal brief to the appellate court, putting forth its legal arguments and its legal basis for the appeal.
Appellee:
An appellee is the party who wins the judgment at the trial court level. The appellee must respond to the appellant’s legal arguments by filing a legal brief and appear in court, if necessary, to argue to the appellate court why the lower court decision should not be disturbed.
Harmless error:
Harmless error is an error allegedly made by a lower court judge that an appellate court finds insufficient to alter or amend the lower court’s decision. The error is deemed “harmless” because reconsideration of the alleged error would have no bearing on the outcome of the lower court’s decision. An example of a harmless error would be a technical error made by the lower court that, under the applicable law, was improperly decided; yet, the remaining evidence substantially supports the original judgment.
Injunction:
An injunction is an order issued by the court which orders a party to do something or prohibits the party from doing something. An injunction may be proper when a party may be harmed by another party’s threatened actions.
Interlocutory appeal:
An interlocutory appeal is a type of appeal that seeks the review of a temporary order (such as an injunction) that is related to a pending lawsuit. An interlocutory appeal is filed and heard while the underlying action is still proceeding at the trial court level.
Mandamus:
A mandamus action is an order issued by a court that orders a governmental body or public agency to perform an act required by law. Often, a mandamus action is sought when a governmental body or public agency fails or refuses to act under an applicable law.
Writ of certiorari:
A writ of certiorari is a type of judicial order from an upper level court to a lower court (for example, the U.S. Supreme Court to a U.S. Court of Appeal) to send the court record and related documents of a particular case to the higher court for its review. A writ of certiorari is typically associated with the review of lower court decisions by the U.S. Supreme Court or state supreme courts. The appealing party must file a writ of certiorari (also sometimes referred to in short hand as “cert”) to the higher court, which may agree to review the lower court's decision ("granting certiorari") or may refuse to review the lower court's decision ("denying certiorari").
Answer:
first is option A
2nd is option A
Explanation:
2nd is option A because in crime cases evidence such as knives are surely put in cardboard since wet evidence is put in plastic
Answer:
I won't let them break me down to dust I know that there's a place for us
Explanation:
For we are glorious
Answer:
Steering is going the same direction with curves turning is stopping or slowing down and taking a sharp turn
Explanation:
