Define and Describe the Three Commonly Used Theories of Recovery

question 25

Essay

Define and describe the three commonly used theories of recovery in product liability cases and set forth the two common elements that a plaintiff must generally show in order to prevail under a product liability theory.

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Definitions:

Impliedly Warrants

Indicates that a warranty is given by implication, rather than expressly stated, based on the circumstances or nature of a transaction.

Authority

The power or right to give orders, make decisions, and enforce obedience.

Liable

Being legally responsible for something, typically referring to the obligation to compensate for loss or damage.

Disclosed Principal

A principal whose identity is known to a third party at the time the agent makes a contract with the third party.