Essay on "Negligent Tort Sportspower Ltd"

Essay 5 pages (1805 words) Sources: 4

[EXCERPT] . . . .

Plaintiff could prove the duty of care, its breach, the standard of care and falling below that standard; however, we cannot determine whether there was actual injury, actual cause or proximate cause. In addition, the defenses of intervening cause, contributory negligence, comparative negligence and assumption of risk could be used. Fortunately, the "Substantial Product Hazards" provision of the Consumer Protection Act (15 U.S.C. § 2064) would cover this case, allowing Plaintiff to use both the provision and the Consumer Product Safety Commission to obtain relief from Sportspower.

Works Cited

Fischer, J.M. (2008, September 1). The puzzle of the actual injury requirement for damages. Retrieved on January 6, 2013 from digitalcommons.lmu.edu Web site: http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2651&context=llr

Lexisnexis. (2012). Torts capsule summary - Chapter 11. Retrieved on January 6, 2013 from www.lexisnexis.com Web site: http://www.lexisnexis.com/lawschool/study/outlines/html/torts/torts11.htm

Seaquist, G., & Coulter, K. (2012). Business law for managers. San Diego, CA: Bridgeport Education, Inc.

U.S. Consumer Product Safety Commission. (2011, August 12). Consumer Product Safety Act. Retrieved on January 6, 2013 from www.cpsc.gov Web site: http://www.cpsc.gov/businfo/cpsa.pdf

U.S. Consumer Product Safety Commission. (2012, November 28). Trampolines recalled by Sportspower due to injury hazard; sold exclusively at Sports Authority. Retrieved on January 6, 2013 from www.cpsc.gov Web site: http://www.cpsc.gov/cpscpub/prerel/prhtml13/13051.html?tab=recallsContinue scrolling to

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