Problem
• Why are airlines no longer held to a strict liability standard?
• Why is it important to distinguish between property damage and economic loss?
• What is the difference between a design defect and a manufacturing defect?
• How might the defective warning theory be used in relationship to a drug that is determined to have potentially harmful side effects?
• Why might a plaintiff opt for a warranty rather than a strict liability claim?
• What is the reasoning behind holding employers vicariously liable for the acts of their employees?
• Name two circumstances in which an employer is not vicariously liable for the acts of an employee.
• If an employee is involved in an accident while driving a company car, why might the employer not be able to sue the other driver involved in the accident if the rule of contributory negligence is applicable?
• What is the significance of two or more tortfeasors being found jointly and severally liable?
• Under what circumstances might a punitive damage award be unconstitutional?
• What two conflicting objectives dominate discussions of joint and several liability?
• What is the difference between an actual cash value policy and a replacement cost policy?
• Under what circumstances might it be appropriate to bring a declaratory judgment action?
• Who administers workers' compensation in our state?
• Why is there often a delay in resolving claims?