Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Washington Law Review
In Lenhardt v. Ford Motor Co., the Supreme Court of Washington held that evidence of industry custom is inadmissible in a strict product liability case. The Washington court held that the custom of the industry is not always a relevant factor in determining the reasonable expectations of the ordinary consumer. The court reasoned that admitting evidence of industry or manufacturers' customs and practices would improperly shift the inquiry from the reasonableness of the buyer's expectations to the reasonableness of the seller's conduct. The court recognized that this shift in focus would introduce concepts of fault that are relevant in a …
Recovery For "Loss Of Chance" In A Wrongful Death Action—Herskovits V. Group Health, 99 Wn. 2d 609, 664 P.2d 474 (1983), Linda M. Roubik
Recovery For "Loss Of Chance" In A Wrongful Death Action—Herskovits V. Group Health, 99 Wn. 2d 609, 664 P.2d 474 (1983), Linda M. Roubik
Washington Law Review
In Herskovits v. Group Health, the Washington Supreme Court held that loss of a less-than-50% chance of survival is a compensable injury under the Washington wrongful death statute. The court did not agree, however, on the proper method for determining causation in a loss of chance case. Neither of the two methods of causation analysis proposed by the court is satisfactory. Recovery for loss of a less-than-50% chance of survival is not possible under traditional causation principles, and should be allowed only if a court is willing to adopt a possibility standard of proof and adjust damages to reflect the …
Autopsy Of A Plain English Insurance Contract: Can Plain English Survive Proximate Cause?—Graham V. Public Employees Mut. Ins. Co., 98 Wn. 2d 533, 656 P.2d 1077 (1983), Lynn B. Squires
Washington Law Review
This Note first analyzes the majority's introduction of a tort concept of proximate cause for deciding insurance cases-and for covertly making public policy. Second, the Note analyzes the dissent's failure to modify its traditional contract analysis to meet the needs of consumers who purchase standard form contracts. The Note recommends the use of an adhesion contract analysis and a common sense test of causation for deciding consumer insurance cases. The Note considers the insurance industry's dilemma as it attempts to respond to plain language legislation while still controlling its exposure to liability. The Note considers as well the public in …
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
Washington Law Review
Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
Washington Law Review
This Comment examines and analyzes the two judicially created limitations on governmental tort liability in Washington. It concludes that the discretionary governmental acts immunity is a proper limitation on governmental tort liability, but that the public duty doctrine should be abandoned.
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
Washington Law Review
This article will present the different positions that courts have taken during these recent years of experimentation in landlord premises liability, discuss how courts have become muddled in sorting out the various theories, and propose a system of liability that would be fair and soundly based on modem policy considerations. We shall first place the question in context by considering the traditional theories of liability. We will then discuss the statutory impact on landlord responsibility and consider the recent tort and warranty theories that set the stage for the period of experimentation. Our ultimate objective is to arrive at ,a …