Sunday, November 30, 2014

Baxter v. Ford case brief summary

Baxter v. Ford case brief summary

Topic: "Shatterproof windshield"

· Manufacturer expressly misrepresented ability of windshield to withstand anything.
· Making a public misrepresentation makes the maker of a product strictly liable for harm caused by product

· Restatement (Second) of Torts 402(b) --> Misrepresentation

· Parties in the business of selling chattel
· Representations made to the public (private would be K law)

· Must be a material fact
· Liability extends to physical harm (Only)
· Justifiable reliance on misrepresentation (actual reliance)
· Reliance must be reasonable
This isn't a manufacturer defect because the product was produced and functioned as it was supposed to, but Ford's representation of "shatterproof" is where the liability lies.

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