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Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Will A New Restatement Help Settle Troubled Waters: Reflections, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Closing The American Products Liability Frontier: The Rejection Of Liability Without Defect, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
For over one hundred years American courts expanded the rights of plaintiffs in products liability cases. First the courts eliminated the privity requirement, next the necessity of proving fault, and finally, the necessity of proving a production defect. The next logical step in this progression would be to eliminate the need to show any type of defect at all. In this Article, Professors Henderson and Twerski assert that this step cannot and will not be taken. They explore both the possibility of across-the-board liability without defect and the more limited idea of product-category liability without defect. They describe how a …
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 …