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Restatement Redux, Anita Bernstein
Restatement Redux, Anita Bernstein
Vanderbilt Law Review
American products liability buffs, who often have a predilection for history, may remember 1994 as a year of proclaimed harmonization, codification, and restatement. In April 1994 the American Law Institute released the first Council Draft of its Restatement (Third) of Torts: Products Liability. According to the Institute, "[p]roducts liability is highest in priority for reformulation" within the law of torts generally, "for it is socially important and technically complicated."' During the same year, the Republican party announced a Contract With America that promised national reform of products liability; after the November election, the new congressional majority attended promptly to the …
Reconsidering Plaintiff's Fault In Product Liability Litigation: The Proposed Conscious Design Choice Exception, Vincent S. Walkowiak
Reconsidering Plaintiff's Fault In Product Liability Litigation: The Proposed Conscious Design Choice Exception, Vincent S. Walkowiak
Vanderbilt Law Review
The Uniform Comparative Fault Act, drafted by the National Conference of Commissioners on Uniform State Laws, was approved by the Commissioners in 1977. Dean John W. Wade was Chairman of the special committee that drafted the Act. The Act is a comparative-fault, rather than a comparative-negligence, act; it applies to all nonintentional torts, including products liability actions, whether they are based on negligence, breach of warranty,or strict tort liability. The Act seeks to address the problem of the relationship between the doctrines of comparative negligence and strict liability for products by permitting plaintiff's fault to effect a proportional reduction in …
The Uniform Product Liability Act--A Brief Overview, Victor E. Schwartz
The Uniform Product Liability Act--A Brief Overview, Victor E. Schwartz
Vanderbilt Law Review
There are many important aspects of the Uniform Act that have not been discussed herein including provisions on assumption of risk, punitive damages," and contribution among joint tort feasors. Nevertheless, the examples that have been given show that it is a law that attempts to balance the interests of product users and sellers. It is the Department's hope that state legislatures will give it serious consideration and that it will help bring about uniformity in the key areas of product liability law. As long as courts can retroactively create new and unprecedented product liability law, the specter of future product …