Cutter Company Makes and Sells Table Saws,which Are Designed to Be

question 70

Essay

Cutter Company makes and sells table saws,which are designed to be safe if used properly.Erin buys a Cutter saw and lends it to her neighbor Frank.To reach a toolbox on a high shelf in his garage,Frank props the saw at an angle against a cabinet and climbs onto the saw.Frank loses his footing,slips off the saw,falls on the blade,and is injured.He files a product liability suit against Cutter,on the ground of negligence.On what basis could the maker prevail?

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Definitions:

Clayton Act

A U.S. antitrust law enacted in 1914, aimed at preventing anticompetitive practices, such as price discrimination and monopolies, not covered by the Sherman Act.

Sherman Act

A foundational statute in U.S. antitrust law prohibiting monopolistic behaviors and promoting competitive markets.

Tying Contracts

Legal agreements where the sale of one product is conditioned on the purchase of another product.

Clayton Act

A U.S. antitrust law, enacted in 1914, that prohibits certain actions leading to anti-competitiveness, such as price discrimination, exclusive deals, and mergers that significantly lessen competition.