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Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness
Replacing Strict Liability With A Contract-Based Products Liability Regime, Richard C. Ausness
Law Faculty Scholarly Articles
When strict products liability first appeared on the scene some thirty-five years ago, it was heralded as a boon to consumers whose claims to compensation had hitherto been frustrated by the law of sales. Warranty law, it was said, worked fairly well in purely "commercial" transactions, but tort law did a better job in cases where ordinary consumers suffered personal injuries or property damage from defective products. To be sure, defenders of warranty law pointed out that the newly-drafted Uniform Commercial Code (the "Code" or "U.C.C.") was much more consumer friendly than the old Uniform Sales Act. Nevertheless, the proponents …
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
They Came From "Beyond The Pale": Security Interests In Tort Claims, Harold R. Weinberg
Law Faculty Scholarly Articles
"[B]eyond the pale" is how the drafters of Article Nine of the Uniform Commercial Code regarded tort claims. They considered tort claims to be noncommercial assets inappropriate for inclusion as collateral within the scope of a commercial financing statute. Tort claims may not be out-of-bounds much longer. The Article Nine Study Committee of the Permanent Editorial Board for the Uniform Commercial Code recommends expansion of the Article's scope to encompass security interests in claims arising out of tort. This recommendation is significant. Tort causes of action comprise an ever-expanding universe of civil wrongs for which courts afford redress. The owners …
Strict Liability For Chattel Leasing, Richard C. Ausness
Strict Liability For Chattel Leasing, Richard C. Ausness
Law Faculty Scholarly Articles
Leasing has become an increasingly popular substitute for outright purchases as a means of acquiring products for use. Few courts and commentators, however, have addressed the question of whether the principles of strict products liability which apply to sellers also apply to lessors. In this Article, Professor Ausness reviews the historical basis for imposing strict liability in tort on sellers and applies these rationales to five basic kinds of lease transactions. He concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands of the lessee (as contrasted with the …
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
Law Faculty Scholarly Articles
Since the doctrine of caveat emptor gave way to a more enlightened response, the courts have struggled to place the law of products liability on a proper doctrinal foundation. Negligence, implied warranty, and strict liability have been used, but as yet no universally accepted theory has emerged. In light of this problem this article will trace the development of seller's liability in Florida. Special emphasis will be placed upon implied warranty; in addition, the relationship between existing Florida case law, strict liability under the Restatement of Torts and the warranty provisions of the Uniform Commercial Code will be examined.