Asked by Suelema Ramos on Sep 30, 2024

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Which of the following would be most suitable to be tried under Comment k to section 402A of the Restatements (Second) of Torts?

A) Cases related to development of medicines
B) Cases of manufacturing defect
C) Cases of design defect
D) Cases of failure-to-warn

Section 402A

A legal provision defining the manufacturer's liability for defective goods that cause harm, even if all possible care was exercised during production.

Restatements (Second) of Torts

A set of treatises or legal reference books that summarize the general common law principles in the United States regarding torts, explicitly presenting the second revision of these principles.

  • Understand the consequences of the Restatement (Third) of Torts on litigation related to product liability.
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KG
Koriean Grantabout 1 hour ago
Final Answer :
A
Explanation :
Imposing strict liability on "unavoidably unsafe" products,like certain medicines,might deter manufacturers from developing and marketing them.When products of this kind cause harm and a lawsuit follows,many courts follow Comment k to section 402A,which says that unavoidably unsafe products are neither defective nor unreasonably dangerous if they are properly prepared and accompanied by proper directions and a proper warning.