19 2 issues relating to downstream defendants authcheckdam by mtPjMYC

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									Issues Relating to Parties
  Downstream from the
      Manufacturer

   By: Vanessa M. Serrano, Esq.
       Broad and Cassel
        Parties Downstream from
              Manufacturer
   Exporter/Importer
   Broker
   Distributor/Supplier
   Installer
   General Contractor
   Builder/Developer
        Claims vs. Downstream
             Defendants
   Negligence
   Strict Liability
   Indemnity/Contribution
   Breach of contract
   Breach of express warranties
   Breach of implied warranties
    (common law & statutory)
    Examples of Defenses Raised by
       Downstream Defendants
   Lack of personal jurisdiction
   Lack of privity
   Economic loss rule
   Contractual limitations on damages
   Negligence of party seeking indemnity
   Comparative/contributory negligence
   Lack of Duty to warn for unknown defects
   Setoff
   Joint & several liability issues

								
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