Law Questions Essay

Words: 844
Pages: 4
Open Document
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

In the case of Branham v. Ford Motor Co., the Plaintiff brought the case against Hale, the driver, and Ford because the company failed to test the seat-belt sleeve, even though he did not "seriously pursue the claim against Hale" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). The case against Ford was based on "two product liability claims: one for not testing the seat belt and the other a design defect claim related to the vehicles tendency to rollover" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). Branham alleged in his case that "Ford was negligent and strictly liable in failing to effectively test the …show more content…
Knowing this, it is apparent that the risk utility test is more favorable to the defendants because it would prove to be costly for them "to procure expert witnesses to lay out a feasible alternative design that takes costs, safety, and functionality into account" (Tracy 2010). The Plaintiff failed to do so; therefore Ford argued the claims should not have been presented to a jury.

4) Can Branham still win this case? Explain.

Yes, Branham could still win the case, but he cannot base it solely on strict liability. Even though he had established a suit against Hale in the beginning, Branham would have a higher percentage of winning against Hale (Reed, et al., 2012). If it were not for Hale's negligence, the accident would not have occurred. According to Nathaniel Cade, "an average juror usually cannot understand that just because a vehicle rolled over that it is not necessarily defective." In the retrial, they should proceed under the risk utility test instead of the consumer expectation test (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012) because at any accident cases, the safety of the vehicles will always come to question. In Branham v. Ford Motor Co., the "court leaves open the evidentiary question and does not address what standard or level of evidence is required to establish that a manufacture breached its duty
Show More

Related Documents: Law Questions Essay

Questions On State The Law

QUESTION 1 Issue: the issue about company’s constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid. State the law: Section 140 of the corporations act states that: “A company’s constitution (if any) and any replaceable rules that apple to the company have effect as a contract: (a) Between the company and each member; and (b) Between the company and each director and company secretary; and (c) Between a member and each other member; Apply the law: According…

Words 1659 - Pages 7

Questions On Corporate Law

Assignment 1 LAWS20029 - Corporate Law Term 1, 2014 Prepared and Submitted by Ashok Karki S0252458 Tutor: Peter Robinsion Due Date: 10th April, 2014 Date Submitted: 10th April, 2014 Table of Contents Insolvency Insolvency is defined in section 95A of the Corporations Act 2001 as it works in reverse. First, solvency is defined as when a person is able to pay all their debts as and when they become due and payable. A person including a company who is…

Words 2937 - Pages 12

Questions On Criminal Law

FREQUENTLY ASKED QUESTIONS 1 HOW DO I APPEAL? A WHICH COURT SHOULD I APPEAL TO? You need to make sure that you should be appealing to the Court of Appeal and not to another court. Appealing against conviction You can only appeal against conviction to the Court of Appeal if you were convicted at the Crown Court. If you were convicted in the Magistrates’ Court, you need to appeal to the Crown Court (or possibly to the Administrative Court) and you should speak to the Magistrates’ Court for advice…

Words 3830 - Pages 16

Law and Case Law Questions Essay

Sofia Roman Unit 1 Assignment PA205-1 Describe the difference between legislation and case law QUESTIONS 1. The case study references one state statute. Identify it and explain what it prohibits. The state statute is the Tex. Penal Code 42.09(a)(3) It prohibits the “desecration of a venerable object” (Case Study) 2. Which branch of government (executive, judicial, or legislative) created the state statute? The Legislative branch of the government created the state statute. 3. The passage above…

Words 417 - Pages 2

Questions On The Law Of Sines

D S LAW OF SINES: AMBIGUOUS LAW OF SINES LAW OF SINES T H E L A W O F S I N E S S TA T E S T H A T T H E R A T I O O F T H E L E N G T H O F A S I D E O F A T R I A N G L E T O T H E S I N E O F THE ANGLE OPPOSITE THAT SIDE IS THE SAME FOR ALL SIDES AND ANGLES IN A GIVEN TRIANGLE. THE AMBIGUOUS CASE IS IF TWO SIDES AND AN ANGLE OPPOSITE ONE OF THEM IS GIVEN, THREE POSSIBILITIES DEFINITION ONE SOLUTION EXISTS GIVEN A= 22, B=12 AND A=40°. THE OTHER ANGLES AND SIDE. EXAMPLE By the Law of Sines…

Words 911 - Pages 4

Questions On Civil Law

Chapter 10 Issue Civil Law Criminal Law Party who brings suit The person who suffered harm The state Wrongful Act Causing harm to a person or to a person’s property Violating a statute that prohibits some type of activity Burden of Proof Preponderance of the evidence Beyond a reasonable doubt Verdict Three-Fourths Majority (typically) Unanimous (almost Always) Remedy Damages to compensate for the harm or a decree to achieve an equitable result Punishment (fine, imprisonment, or death).…

Words 513 - Pages 3

Questions On Civil Law

Chapter 10 Key Terms Civil Law: the body of law concerning noncriminal matters, such as business contracts and personal injury Criminal Law: the body of law concerning felony and misdemeanor offenses by individuals against other persons and property Misdemeanor: classified as class A, B, or C, a misdemeanor may be punished by fine and/or jail sentence Felony: a serious crime punished by fine and prison confinement Jurisdiction: a court’s authority to hear a particular case Original Jurisdiction:…

Words 2035 - Pages 9

Business Law: Exam Questions Essay

Exam for Business Law 84 questions Jurisdiction –the power to hear and decide a case. Has multiple dimensions. Appellate jurisdiction – the authority of a court to review a prior decision in the same case but made by another court Original jurisdiction – the authority of a court to hear and decide a dispute in the first instance Trial courts Supreme court of the US is in some instances an original jurisdiction court Treaties is an example of when supreme court Personal jurisdiction – inpersonam…

Words 1207 - Pages 5

Contract Law - Problem Question Essay

NOTTINGHAM LAW SCHOOL LL.B 2012-2013 LL.B – DISTANCE LEARNING COURSEWORK PROFORMA Please complete and submit this form as the first page of every coursework otherwise your coursework will not be accepted. |Student Number: |Tutor: | |Mark Awarded: | |(As shown on your student card) | | | | |N0455569 |…

Words 1762 - Pages 8

Equity: Law and Marks Application Question Essay

Business | ACTY 5320 Law of Business Obligations Assignment Two 15% of Course Mark | | Semester: | Semester One 2013 | Date issued: | 14 March 2013 | Due date and time: | 5:30pm Thursday 4 April 2013 | Delivery: | Post paper copy in the assignment box on Level 2, Building 172.Submit an electronic copy to Turnitin.com. Failure to do this may result in a zero mark. | Total marks: | 15 marks | Weighting: | 15% of course | Instructions: | Answer all three questions. Up to 1 mark will…

Words 971 - Pages 4