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Full-Text Articles in Law
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Reconciling Strict Liability With Corrective Justice In Contract Law, Curtis Bridgeman
Fordham Law Review
No abstract provided.
The Case Against Strict Liability, Alan Schwartz
The Case Against Strict Liability, Alan Schwartz
Fordham Law Review
Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Fordham Law Review
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.
A Statute Of Repose For Product Liability Claims, Michael M. Martin
A Statute Of Repose For Product Liability Claims, Michael M. Martin
Fordham Law Review
No abstract provided.
Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver
Products Liability In New York: Section 2-318 Of The U.C.C.--The Amendment Without A Cause, Jeffrey W. Deaver
Fordham Law Review
No abstract provided.
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
Fordham Law Review
No abstract provided.
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
The Liability Of Pharmaceutical Manufacturers For Unforeseen Adverse Drug Reactions, Kathleen H. Wilson
Fordham Law Review
No abstract provided.
Products-Liability Class Suits For Injunctive Relief Under Federal Rule 23, Joseph Decarlo, Jr.
Products-Liability Class Suits For Injunctive Relief Under Federal Rule 23, Joseph Decarlo, Jr.
Fordham Law Review
No abstract provided.
The Application Of The Doctrine Of Unconscionability To Warranties: A Move Toward Strict Liability Within The U.C.C.
Fordham Law Review
No abstract provided.