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Full-Text Articles in Legal History
A Revisionist History Of Products Liability, Alexandra D. Lahav
A Revisionist History Of Products Liability, Alexandra D. Lahav
Michigan Law Review
Increasingly courts, including the Supreme Court, rely on ossified versions of the common law to decide cases. This Article demonstrates the risks of this use of the common law. The main contribution of the Article is to demonstrate that the traditional narrative about early products law—that manufacturers were not liable for injuries caused by their products because the doctrine of privity granted producers immunity from suit by the ultimate consumers of their goods—is incorrect. Instead, the doctrinal rule was negligence liability for producers of injurious goods across the United States in the nineteenth century. Courts routinely ignored or rejected privity …
Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson
Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson
Touro Law Review
No abstract provided.