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Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown
Assumption Of Responsibility And Loss Of Bargain In Tort Law, Russell Brown
Dalhousie Law Journal
The author seeks to justify recovery in negligence law for loss of bargain, which is the pure economic loss incurred by a subsequent purchaser of a defective product or building structure in seeking to repair the defect. The difficulty is that the purchaser is not in a relationship of contractual privity with the manufacturer The conflicting approaches in Anglo-American tort law reveal confusion, owing to loss of bargain's dual implication of the law governing pure economic loss and products liability. These difficulties are overcome by drawing from Hedley Byrne's requirements of a defendant's assumption of responsibility and a plaintiff's reasonable …
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin
Dalhousie Law Journal
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products liability action in tort must prove four elements in order to succeed: first, that the product contains a defect traceable either to its manufacture, to its design, orto its warnings or instructions; second, that the defendant manufacturer was somehow negligent in connection with this defect; third, that there is some causal connection between the manufacturer's negligence and the damages suffered by the plaintiff; and fourth, that these damages are such as to give rise to compensation in law. In the United States, in …