This was later proven to be caused by the defective manufacturing of the devices. How would the law of tort apply

Home, - How would the law of tort apply in this case

Question 1 - Company XYZ manufactures titanium hip bone replacements. The devices were implanted into patients, mostly elderly patients, who have broken their hips during falls. Within 2 months from implantation, the patients complained of severe pain in their hip joints. This was later proven to be caused by the defective manufacturing of the devices. How would the law of tort apply in this case?

Answer -

Tort law is an omission or act rather than the contract breach, it ensures the increase to damages or harm towards the patients life, and bit civil wrong towards the courts puts of liability. The product liability has held in this XYZ manufacture organization on the hip bone device, it indicates the liability through which entire parties are put towards the commerce of all product for causes of damage. The injury was made on the product defective, the manufacture of the product and distributor were not good, the retailer and wholesaler that put the device towards the patients health are under the liability rules.

The defects were in the design of the product that ensures the unreasonably dangerous. In the defective case, amount of negligence or fault should be taken into liability to occur. Based on lawsuits, defects towards these are negligence lawsuits and it is decided through the rules and standards negligence. Hence, the defect is due to the design flaw and not based on the manufacturing flaw, the case or court will put up an basic negligence, product liability thrust law shows that manufactures and sellers of device in the commerce stream in the liable for the device defects injury.

Question 2 - Samantha signs a contract to buy a brand-new unit in Kogarah. The contract is subject to anextended settlement period of 120 days. Samantha, through her solicitor, transfers the 10%deposit to the vendor's solicitor and then speaks with her mortgage broker about obtaining a loan.

While all this is going on, Samantha sells her own unit in Oatley. She intends to use the money realised from the sale of the Oatley unit to pay the balance of the purchase price of the Kogarah unit. A problem arises when Samantha's unit does not sell by the expected date. Samantha needed to secure short-term finance at an almost exorbitant interest rate just so she can buy the Kogarah unit. Samantha consults her solicitor, who advises her that she can sue the buyer of her Oatley unit for breach of contract and ask for damages including the additional interest charges she incurred. Is Samantha's solicitor correct? Explain your answer.

Answer -

Over this case, it was derived that Samantha has planned to get the small unit in the area of Kogarah and finally it extends to increase on funds over the loan and to make the sales through the unit in the place of Oatley. Finally as the result she sells the Yes, samantha's solicitor is correct in his opinion. To buy the unit from kogarah the Samantha can ask for the extra amount form the Oatleyunit buyer in means of the damage.

Asking for the additional interest to the buyers will help to gain the amount for buying the unit in Kogarah. The solicitor is correct in his way to make the money for buying the unit the Samantha can demand the amount from those buyers in which it will increase the pay and it would compensate the breach that is happening in around the unit.

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