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The field of law that addresses injuries caused by defective products is called product liability. A wide range of circumstances can render a product defective. The product may have a design defect or design flaw , resulting from the product having been poorly designed or tested , so that the design itself yields a product that can not perform ...
Fault, as a legal term, refers to legal blameworthiness and responsibility in each area of law. It refers to both the actus reus and the mental state of the defendant.The basic principle is that a defendant should be able to contemplate the harm that his actions may cause, and therefore should aim to avoid such actions.
But aside from this, it is an elementary principle that an erroneous decision is not bad law; it is no law at all, and never was the law. It is the law of the particular case, and is binding on the parties before the court, but does not conclude other parties having right depending on the same question. [17] In 1860, Walker Marshall said:
In legal disputes regarding product liability, a consumer-expectations test is used to determine whether the product is negligently manufactured or whether a warning on the product is defective. Under this test , the product is considered defective if a reasonable consumer would find it defective.
Persuasive definition – purporting to use the "true" or "commonly accepted" meaning of a term while, in reality, using an uncommon or altered definition. (cf. the if-by-whiskey fallacy) Ecological fallacy – inferring about the nature of an entity based solely upon aggregate statistics collected for the group to which that entity belongs.
A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to the interpretation of the law. [1] Such a question is distinct from a question of fact , which must be answered by reference to facts and evidence as well as inferences arising from those facts.
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