Beruflich Dokumente
Kultur Dokumente
1. Breach of contract
2. Committing a tort, e.g., fraud,
negligence
Contracts
Contract = offer + acceptance + consideration
• Confidentiality agreements
Breach of contract
• Professional Negligence:
Good intentions are not enough.
Even corporate employees can be sued.
• Product liability
Negligence: A Case Study
Tom Swift, P. E., was hired by MicroCom Corp. to
recommend the equipment needed to convert a
certain product line (PDA) from metal to plastic
parts without affecting the production rate. After
$10M of new equipment was installed, it was
found that the new production line would operate
at only 70% of the old production rate because
Mr. Swift did not take into account the longer
cycle time for plastic curing in his design.
Product Liability
• From 1995 to 1996, personal injury
product liability civil lawsuits in federal
courts increased 116%. (quoted from Dieter,
2000)
• Strict Product Liability: A manufacturing or
design defect is sufficient to create a
liability even though no professional
negligence was involved or even when the
injured party acted carelessly.
Design Aspects of Product Liability
Strict adherence to standards
Thorough testing
Quality control measures
Process documentation
Warning labels and instruction manuals
Formal design review before production
Liability insurance
Laws > Regulations > Standards
• Contract Law
• Tort Law
What is a Contract?
• A contract is an exchange of promises
between two or more parties to do, or
refrain from doing, an act which is
enforceable in a court of law
• Consideration
• Legal capacity
• Legality
• Formalities
Offer and acceptance
• One party must make an offer and the other
party must accept that exact offer for a contract
to be formed
• For example:
• Aggravated damages – awarded for the manner in which the contract was
breached causing additional harm (e.g., contract breach occurs in manner
that causes mental distress)