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Torts

Michigan Law Review

1950

Causation

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Full-Text Articles in Law

Negligence-Liability Of Manufacturer Or Vendor To An Allergic Consumer, Zolman Cavitch S.Ed. Dec 1950

Negligence-Liability Of Manufacturer Or Vendor To An Allergic Consumer, Zolman Cavitch S.Ed.

Michigan Law Review

The study of allergies is relatively new to the medical profession. It is not surprising, therefore, that only a few courts have dealt with the problem of the liability of the manufacturer or vendor to the consumer who is allergic to an ingredient in the defendant's product. Many dyes, cosmetics, drugs and health and beauty aids in universal use, however, contain known allergenic ingredients. Medical authorities estimate the incidence of well-defined allergies at between five to ten per cent of the total population and one authority suggests that allergies are actually increasing in frequency. When we add to this parade …


Discovery-Disclosure Of Trade Secrets In Tort Action, Cleaveland J. Rice S.Ed. Nov 1950

Discovery-Disclosure Of Trade Secrets In Tort Action, Cleaveland J. Rice S.Ed.

Michigan Law Review

Prior to trial of suit to recover damages for hand infection alleged to have been caused by the use of defendant's washing compound, plaintiff filed interrogatories requesting the ingredients and proportions used in the compound. Defendant's offer to divulge its secret formula to the court in confidence until the plaintiff should make a prima facie case was ruled upon adversely by the court. Defendant thereupon suffered the statutory penalty of default rather than disclose the secret. Held, default judgment affirmed. In this instance trade secrets were not privileged, and there was no abuse of discretion in the trial court's …