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Products Liability--Some Observations About Allocation Of Risks, Page Keeton
Products Liability--Some Observations About Allocation Of Risks, Page Keeton
Michigan Law Review
Virtually all of the activities of mankind involve the use of some product. Consequently, nearly all losses in the nature of physical damage to persons or things, and a great deal of the economic losses flowing from inferior or unfit products, are factually caused by characteristics or conditions of products, or at least occur during the use of products. Therefore, when fault, in the sense in which fault has been used in the Anglo-American law of torts (a usage which frequently results in the imposition of liability without personal fault), is abandoned as a basis for shifting or allocating losses, …
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Michigan Law Review
While judicial acceptance of this concept of strict tort liability has been proceeding apace, far less dramatic but equally significant developments have been occurring with respect to both negligence and fraud liability. The possibility of recovering for a seller's misrepresentations concerning his product has been enhanced by a plaintiff-oriented judicial redefinition of two elements of a cause of action for fraud: defendant's knowledge of the falsity of his representation and plaintiff's reliance upon the deception. At the same time, negligence liability has often come to resemble liability without fault as courts continue to deemphasize, as a prerequisite to the application …
Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe
Negligence - Duty Of Care - Liability For Injury Caused By Obvious Defect Where Lessor Contracted To Repair, Donald R. Jolliffe
Michigan Law Review
Defendant, lessor of a delivery truck, agreed with the lessee to maintain the vehicle in good condition and make regular inspections. The lessee's driver was not to make any repairs or adjustments but was to deliver the truck to the lessor as it needed repairs or as requested for inspection. Two years after the lease was made, plaintiff-driver made a written request to the lessor for repairs to the floor in the driver's compartment. Although plaintiff left the truck overnight with the lessor and made several further requests, the floor was not repaired. One month after notifying the lessor, plaintiff …