The liability theory of restatement (second) of torts levies less accountability on auditors. It is unlike the Ultramarines rule. The rule proposes that neglectful offenders should be liable for highly extraordinary acts. A tort is a civil wrong, the remedy for which in common law is unliquidated damages. It is neither a breach of trust nor breach of contract nor merely any other equitable obligation. Many torts are crimes also such as negligence, defamation, mischief, etc. Hence, the law of tort has a very wide scope in English common law. “Tort” is derived from the Latin term “tortum,” which means to twist. Therefore, the twisted acts which are not crimes come under the definition of tort. All torts are not crimes, but some of them fall under the category of crime. A tort is originated in England, hence it is part of English common law. The remedy of tort is generally unliquidated damages, i.e., the damages which are not pre-determined; it depends upon the harm inflicted upon the aggrieved party.
In the law of torts, product liability is the guarantee which is given by the manufacturer or vendor about the quality of that particular product, i.e., whether it is safe to use or not. It is the liability of the producer of goods to check the authenticity of that good. It should be safe for the consumers to use them. The produced goods should not injure the consumer in any way. Goods include and everything, such as medical devices, personal vehicles, food, drugs, etc. All the movable properties come under the definition of goods. The defective goods are subject to compensation or recovery for damages. There are two types of defects for which the manufacturer is held liable; the first is a latent defect, and the second is a patent defect. The former is the defect that cannot be seen with naked eyes. They are hidden defects, whereas the latter are the defects that a man of ordinary prudence can easily see.
Theories of Recovery
Consumer law provides consumers with numerous rights as well as remedies to preserve those rights. The consumer has the right to seek damages compensation, a price refund, or an exchange of the defective product. The legislation also provides for a slew of other remedies. To obtain compensation, the buyer must establish a tort claim. Any bodily injury, property damage, pain, or suffering caused by utilising that particular good must be demonstrated. The customer may be entitled to monetary compensation for product liability losses caused by the flaw. Physical injuries produced by a defective good, on the other hand, are covered by the negligence tort. Intangible economic losses can be claimed for any losses, pain, and suffering. A breach of warranty occurs as a result of the seller’s defective items. If the product is harmful or intrinsically dangerous for the consumer, the vendor will be held accountable for prosecution. The provision for dangerous items is mandated by tort law. Defective goods/products are those that cause harm to the consumer or do not meet the consumer’s intended purpose.
Restatement of Tort
The American Law Institute stated the restatement of tort in its four volumes. They comprise full coverage of the law of torts along with the popular cases. These volumes consist of a revision of the original restatement of the law of torts. The first volume consists of intentional torts, including defenses, penalties, penal provisions, property damage. It covers all the torts that come under intentional harm to persons, land, and chattels. The second volume comprises negligence, liability for land use, assumption of risk, contributory negligence, etc. The third volume consists of major torts such as defamation, misrepresentation, privacy, unjustifiable litigations, and interference in domestic relations. The fourth volume consists of trespass, offenses related to land, and their remedies. The forms of defenses available in the law of torts are contributory negligence, misuse, and intervening misconduct. When the plaintiff files a suit for product liability, the vendor may defend that the buyer’s fault is liable for such acts. In cases of contributory negligence, the fault is of the plaintiff, and the defendant may take the defense of such an act. Intervening misconduct is the interference by the third party which is liable for the damages of its tortious acts.
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