OklahomasOK wrote:Anyone have a good format for tackling a products liability question? My professor has absolutely sucked at tying a bow around Torts II this semester. I'm not sure if I should start with the four theories of recovery and then hone in on 402A or just go straight from defect type into 402A and then mention alternative theories of recovery.
I don't know what your prof is like. But I went with the negligence, warranty, strict liability (402) and finished up with the 3 defects. The way our question was structured you could possibly recover under all 4 but it felt natural to move from general negligence, to the UCC, then 402, and the the 3 defects. Its the order he taught it in. I just used 4 point headings and made each analysis separately. I packaged all the defenses into a fifth sub-heading after that. I of course have no idea how I did, but it worked well for organizing my answer. Hope that helps.