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Full-Text Articles in Law
On Recovery In Tort For Pure Economic Loss, Eileen Silverstein
On Recovery In Tort For Pure Economic Loss, Eileen Silverstein
University of Michigan Journal of Law Reform
Pure economic loss is not considered a recoverable harm in tort law. Professor Silverstein asks, "Why not?"
When Warnings Alone Won’T Do: A Reply To Professor Phillips, Richard C. Ausness
When Warnings Alone Won’T Do: A Reply To Professor Phillips, Richard C. Ausness
Law Faculty Scholarly Articles
In his paper, Professor Phillips contends that questions about the adequacy of a product's design should be resolved by the use of a risk-utility test and that the existence of an adequate warning should merely be one factor for the jury to take into account. This is essentially the position espoused by the Restatement (Third) of Torts: Products Liability (hereinafter Third Restatement), section 2, comment l. On the other hand, Professor PhiIlips is very critical of subsections 6(c) and 6(d). These provisions establish liability for the sellers of prescription drugs and medical devices. Section 6(c), which is concerned …