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Full-Text Articles in Law
Law Of Manufacturer's Liability, B. Joan Holdridge
Law Of Manufacturer's Liability, B. Joan Holdridge
Cleveland State Law Review
This article discusses the development of the law of manufacturer's liability under theories of negligence and express warranty.
Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason
Safeguards Against Unjust Awards, Robert F. Hanley, Robert E. Mason
Cleveland State Law Review
It is submitted that if courts are willing to assume the responsibility of imposing liability without fault, they must recognize the importance of holding plaintiffs to the burdens of proof which they have traditionally been required to bear. There is no valid social, economic, or legal theory which justifies a relaxation of these standards of proof under either theory oftort or express warranty. Particularly in the latter instance, where remote purchasers having no contact with the defendant are permitted to maintain actions without a showing of negligence, such relaxation can only encourage a multiplicity of spurious claims.