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Full-Text Articles in Law
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Fordham Law Review
Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the …
Des And A Proposed Theory Of Enterprise Liability, Naomi Sheiner
Des And A Proposed Theory Of Enterprise Liability, Naomi Sheiner
Fordham Law Review
To commemorate our founding in 1914, the Board of Editors has selected six influential pieces published by the Law Review over the past 100 years and will republish one piece in each issue.
The first piece selected by the Board is DES and a Proposed Theory of Enterprise Liability. This Comment, written in 1978 by Fordham Law Review staff member Naomi Sheiner, helped to pioneer the concept of enterprise liability. It has been cited by nearly 250 scholarly articles and in more than 100 cases, including Sindell v. Abbott Laboratories, 607 P.2d 924 (Cal. 1980), the leading case …
The Case Against Strict Liability, Alan Schwartz
The Case Against Strict Liability, Alan Schwartz
Fordham Law Review
Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …
Admissibility Of Subsequent Remedial Measures Evidence In Diversity Actions Based On Strict Products Liability, Andrea Lynne Flink
Admissibility Of Subsequent Remedial Measures Evidence In Diversity Actions Based On Strict Products Liability, Andrea Lynne Flink
Fordham Law Review
No abstract provided.
Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver
Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver
Fordham Law Review
No abstract provided.
Emotional Distress In Products Liability: Distinguishing Users From Bystanders, Linda Trummer-Napolitano
Emotional Distress In Products Liability: Distinguishing Users From Bystanders, Linda Trummer-Napolitano
Fordham Law Review
No abstract provided.
Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel
Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel
Fordham Law Review
No abstract provided.
Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel
Liability Insurance For Insidious Disease: Who Picks Up The Tab?, Barbara Wrubel
Fordham Law Review
No abstract provided.
Des And A Proposed Theory Of Enterprise Liability , Naomi Sheiner
Des And A Proposed Theory Of Enterprise Liability , Naomi Sheiner
Fordham Law Review
No abstract provided.
Products-Liability Class Suits For Injunctive Relief Under Federal Rule 23, Joseph Decarlo, Jr.
Products-Liability Class Suits For Injunctive Relief Under Federal Rule 23, Joseph Decarlo, Jr.
Fordham Law Review
No abstract provided.