Informative Essay on Product Liability, Tort Law and Consumer Law

2021-05-07
2 pages
548 words
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Introduction

The tort is mainly classified as a civil wrong, and it happens when one party wrongs another party and as a result, the wronged party takes civil action against the party who has wronged them with the aim of getting compensation. Torts are subdivided into two broad categories which are Intentional Torts and Negligence torts. Intentional torts are acts that are committed intentionally to harm a person. There are two different types of intentional torts which are intentional torts against a person and intentional torts which are against property. Intentional torts against a person are torts that violate protected interests obtained by people under one major common law. There are several intentional torts which are, an assault which is an international acts that makes a person be fearful of immediate harm, the battery which an assault that causes physical contact, conversion, fraud which is a false representation of someone with the intention to deceive, false imprisonment which involves intentional confinement of a person movement without justification, and invasion of privacy which involves invading a person’s private property.

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What Is the Difference Between Intentional Torts and Negligence Torts?

Intentional torts also involve plagiarism which entails using another person’s name or likeness without their permission and a false statement communicated to a third party without permission and ends up causing damage to a person’s reputation. Intentional torts against a property involve violation of other people’s interests under common law. They include trespassing on land, interference with the owner's right to use and own personal property. Negligence torts happen when an individual fails to offer a legal duty or act. Elements or evidence such as the defendant owed a duty of reasonable care, the injury caused injury, the defendant is not acting in a responsible manner, and the accuser suffering an injury as a result of the defendant’s negligence must be present.

What Is Product Liability?

Product liability refers to the manufacturer being held responsible as a result of making a defective product to the consumer. It is mainly based on negligence which affirms that proper care was not used during the design and also failing to place proper warnings on the products. Product liability is also involved with strict productivity where even after a manufacturer has exercised a certain degree of carefulness to his\her products, the products end up injuring people. There are also defenses to product liability where manufacturers who have been sued can offer various defenses on an assumption of risk. This shows that the product user knew about the risks but ignored, misused the product in an unforeseeable way by the manufacturer.

Who Is a Consumer?

A consumer is referred to as a person buying goods or services for their private use. Consumer protection is aided by buying the correct and safe goods as well as services there must be a consumer law. Consumer law is in the form of a government regulation based on protecting the consumer from being vulnerable and also ensuring that fair trade is maintained. There are also other organizations, agencies, and federations that are involved in consumer protection. Consumer law mainly focuses on deceptive advertising, labeling, and packaging of consumer products, sales, health protection, product safety, and credit protection.

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