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Articles 1 - 11 of 11

Full-Text Articles in Law

Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin Oct 1993

Negligence, Strict Liability, And Manufacturer Failure To Warn: On Fitting Round Pegs In A Square Hole, Denis W. Boivin

Dalhousie Law Journal

In the common law provinces of Canada, it is generally recognized that a plaintiff in a products liability action in tort must prove four elements in order to succeed: first, that the product contains a defect traceable either to its manufacture, to its design, orto its warnings or instructions; second, that the defendant manufacturer was somehow negligent in connection with this defect; third, that there is some causal connection between the manufacturer's negligence and the damages suffered by the plaintiff; and fourth, that these damages are such as to give rise to compensation in law. In the United States, in …


Reflections On The Historical Context Of Section 402a, Oscar S. Gray Jan 1993

Reflections On The Historical Context Of Section 402a, Oscar S. Gray

Touro Law Review

No abstract provided.


Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo Jan 1993

Caveat Emptor: Will The A.L.I. Erode Strict Liability In The Restatement (Third) For Products Liability?, John F. Vargo

Touro Law Review

No abstract provided.


Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden Jan 1993

Strict Products Liability Under Restatement (Second) Of Torts § 402a: "Don't Throw The Baby Out With The Bathwater", M. Stuart Madden

Touro Law Review

No abstract provided.


Panel Discussion Of Section 402a Jan 1993

Panel Discussion Of Section 402a

Touro Law Review

No abstract provided.


Putting A Chill On Contract Murder: Braun V. Soldier Of Fortune And Tort Liability For Negligent Publishing, Brian J. Cullen Jan 1993

Putting A Chill On Contract Murder: Braun V. Soldier Of Fortune And Tort Liability For Negligent Publishing, Brian J. Cullen

Villanova Law Review

No abstract provided.


The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky Jan 1993

The Appropriate Role Of Plantiff Misuse In Products Liability Causes Of Action, Peter Zablotsky

Touro Law Review

No abstract provided.


Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris Jan 1993

Osha Evidence In Federal Court Products Liability Actions: Too Prejudicial To Be Admissible To Prove A Machine's Safety Or Defect, Or Simply Additional Evidence For The Fact Finder?, Michael Siris

Touro Law Review

No abstract provided.


Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault, Gail D. Hollister Jan 1993

Using Comparative Fault To Replace The All-Or-Nothing Lottery Imposed In Intentional Torts Suits In Which Both Plaintiff And Defendant Are At Fault, Gail D. Hollister

Vanderbilt Law Review

All or nothing. For years this idea of absolutes has been a hallmark of tort law despite the inequities it has caused. Plaintiffs must either win a total victory or suffer total defeat. In recent years courts and legislatures have begun to recognize the injustice of the all-or-nothing approach and to replace it with rules that permit partial recoveries that are more equitably tailored to the particular facts of each case.' The most dramatic example of this more equitable approach is the nearly universal rejection of contributory negligence in favor of comparative fault in negligence cases. Almost all jurisdictions, however, …


From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski Jan 1993

From A Reporter's Perspective: A Prospective Agenda, Aaron Twerski

Touro Law Review

No abstract provided.


Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin Jan 1993

Scared To Death: A Cause Of Action For Aids Phobia, Harris J. Zakarin

Touro Law Review

No abstract provided.