Which tort legal theory allows recovery for damages from a defective product?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

The correct answer is that all of the above legal theories—breach of express warranty, strict liability, and negligence—allow for recovery of damages from a defective product, but they do so through different legal frameworks.

Breach of express warranty occurs when a seller explicitly assures a buyer that a product will have certain characteristics or will perform in a specific way, and the product fails to meet those assurances, leading to damages. The warranty is a promise made by the seller, and if the product is defective in a way that violates this promise, the buyer can seek damages.

Strict liability, on the other hand, does not require the injured party to prove that the manufacturer or seller was negligent. It is sufficient to show that the product was defective and that the defect caused injury or damage. This legal theory is particularly important in product liability cases because it shifts the focus from the conduct of the seller or manufacturer to the condition of the product itself.

Negligence involves a failure to exercise reasonable care in the manufacture or design of the product, which results in a defect that causes harm. This theory requires the plaintiff to establish that the defendant had a duty to the plaintiff, breached that duty, and that the breach caused the damages claimed.

In summary, recovery

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