Defenses and Affirmative Defenses
Product and Tort Defenses
A supplier of bulk raw materials may discharge its duty by warning the intermediate purchaser where direct warning to end users is impractical and the purchaser is knowledgeable.
It overlaps with the sophisticated user doctrine.
Alternative Names:
Bulk Supplier Defense, Bulk Seller Doctrine
Why it Matters?
The doctrine works because a supplier shipping raw material in tank cars has no practical means of reaching the eventual users, which is the factual predicate courts require. Evidence that the supplier did warn the purchaser and that the purchaser had independent knowledge of the hazard is what establishes it. The defense weakens where the supplier knew the purchaser was not passing warnings along.
Frequently Confused with
Related terms
Frequently asked questions
What is the factual predicate?
What weakens the defense?
