Torts and Products Liability

Question 1

1.Jack is a pirate operating in the Caribbean, or wherever the tides take him.  Regardless, this area uses the law of defamation as discussed in our course.  Jack is outraged when he hears that Elizabeth, a former traveling companion and sometime crewmate, is telling people that he, “is really a sweet person,” “has a heart of gold,” “is an honorable pirate,”  “likes puppies,” and “prefers chardonnay to rum.”  Jack believes these statements are destroying his reputation as a fearsome pirate, and will hurt his ability to successfully perform his job.   Is he correct?  Explain.  Please use your answer demonstrate your knowledge of the law of defamation.  Are these comments slander or libel?  What is the difference between the two?  What if Elizabeth’s statements are true?  Does that matter?  Explain.

Question 2

1 Kirito is thrilled to buy a new Netgear virtual reality gaming system.  Advertisements for the game system promise dozens of virtual reality games and free 24 hour online tech support for players.  Unfortunately, the system proves to have a terrible design flaw- once logging on players can’t leave the game.  If they try to log out, the machine explodes and kills them.  Worse yet, no tech support exists at all.  And rather than multiple games, all players are forced to play a single fantasy role playing game.  What products liability claims might be present in this situation?  If the manufacturer recalls the game, will that serve to protect the manufacturer from being sued?  Identify each theory of products liability law that is present and define each theory and explain why it applies here.

Question 3

1. Aloy purchases a new spear from a retail location of Sylens Spears, Inc. for use in her frequent hunting trips.  She explains to the salesperson that she needs a spear strong enough to hunt the giant machines and animals that terrorize the forest near her village.  Doubtful of Aloy’s bizarre claims, the salesperson just gives her the model that will earn the biggest commission. Aloy’s next hunt is a disaster.  Her new spear isn’t effective about the creatures she encounters.  One of the beasts bites her.  She runs away.  Then when she tries to use her spear pry open a car trunk the spear shatters, injuring her again.  Once she returns to her village, she wonders if she has any potential products liability claims that might be able to pursue.  What do you think?  Use your answer to show your knowledge of products liability theories and defenses.

• Duverger’s Law
• Torts and Products Liability