Legal Three

Tag: torts

  • Strict Liability & Res Ipsa Loquitur – Torts

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    esquire
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    Escola v. Coca Cola Bottling Co. Bottle came from bottle manufacturer. Bottles are used and reused The used bottles are not again subject to testing for defects after the first inspection by the manufacturer If the tests are economically not feasible then they shouldnt be tested (Learned Hand Test) Cafe probably bought the Cokes from a…

  • Proof of Negligence – Torts

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    esquire
    in ,

    Stores were negligent in their practices if the danger had been there for a while, eg dirty floor broken jars case Some states but not all, Stores will not be liable UNLESS you can prove length of time that danger was there Business practice rule Vermont, If business practice (like store with produce out) creates reasonable…