Part II will also describe several recent federal cases discussing the Restatement (Third) in the context of defectively
designed prescription drug claims.
NLC argued in its amicus brief that the states have long protected persons injured by negligently and defectively
designed products by requiring that manufacturers compensate them.
The Offeror shall continue to accept for payment all Shares validly tendered (or defectively
tendered provided that such defect has been waived by the Offeror) during such Post Closing Acceptance Period and shall pay for such Shares within five Business Days following the last day of the Post Closing Acceptance Period.
Depositary Receipts validly tendered (or defectively
tendered provided that such defect has been waived by the Offeror) during the Post-Closing Acceptance Period will immediately be accepted.
respect of each Share validly tendered (or defectively
tendered provided that
A party may also be in breach of contract if they perform their duties defectively
, or enter into other obligations, which makes performance of the contract impossible.
First, most states impose liability on a third party for manufacturing, selling or distributing a defectively
designed or manufactured product regardless of whether due care was used in the manufacturing or design process.
alleging that the van was defectively
dangerous and that the company failed to warn consumers about known problems.
Thus, for instance, if a pedestrian trips and breaks his arm on a defectively
designed or constructed stair 10 years after completion, the plaintiff can only sue the owner under this legislation.
Greatly increasing the risk of injury (and legal actions) are defectively
manufactured or designed safeties.
Lately the Justice Department has pursued these refunds under the False Claims Act, under which each claim for payment (an invoice) under a defectively
priced contract is a separate false claim with the potential for a separate penalty.
The complaints charge that certain front-loading automatic washers manufactured by Whirlpool and sold under the Whirlpool and Sears Kenmore brand names are defectively
designed in that they are unable to adequately clean themselves and develop mold, often resulting in foul odors.
Carlson did not prove that Boston Scientific defectively
designed the product that caused her injuries.
84 (together, the "Offer Price") for each Grontmij Share validly tendered, or defectively
tendered, provided that such defect has been waived by Sweco, or cured, and transferred (geleverd) by the relevant Grontmij Shareholder.
The revamped move is the result of grievances from the irritated travellers and the public as well regarding the airport s defectively
made and constrained pick-up area.