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Articles 1 - 12 of 12
Full-Text Articles in Law
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
Economic Coercion As Plaintiff's Defense To Volenti Non Fit Injuria In Strict Liability Actions., Charles T. Locke
St. Mary's Law Journal
Although Texas courts have commented on the harshness of “assumed risk” principles for quite some time, they have been reluctant to alter the situation. However, the Fifth Circuit decision in Messick v. General Motors Corporation may effectively serve to soften this well-established doctrine. Volenti non fit injuria, or “assumed risk,” will preclude recovery where the plaintiff voluntarily assumes a risk of injury arising from another’s negligence. One exception to the rule is the “hard choice” doctrine, which considers whether the defendant’s negligence left the plaintiff with a reasonable choice to avoid the danger. Interestingly, Texas courts refuse to extend the …
Contributory Negligence As A Per Se Breach Of The Stevedore's Implied W Arranty
Contributory Negligence As A Per Se Breach Of The Stevedore's Implied W Arranty
Washington and Lee Law Review
No abstract provided.
Evidence Of Producer's Due Care In A Products Liability Action, Robert A. Bernstein
Evidence Of Producer's Due Care In A Products Liability Action, Robert A. Bernstein
Vanderbilt Law Review
In a products liability case, evidence of defendant's due care in the manufacturing or processing operation can be a potent and sometimes critical factor in the decision of a judge or jury.' The question remains,however, whether such evidence is properly admissible under contemporary versions of the implied warranty and strict liability theories that have fashioned the recent revolution in consumer product law. The leading chronicler of the revolution, Dean Prosser, has noted the practical importance of the issue and has concluded, apparently without reservation, that in the ordinary case evidence of the defendant's due care is immaterial. The reasoning is …
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
From Caveat Emptor To Strict Liability: A Review Of Products Liability In Florida, Richard C. Ausness
Law Faculty Scholarly Articles
Since the doctrine of caveat emptor gave way to a more enlightened response, the courts have struggled to place the law of products liability on a proper doctrinal foundation. Negligence, implied warranty, and strict liability have been used, but as yet no universally accepted theory has emerged. In light of this problem this article will trace the development of seller's liability in Florida. Special emphasis will be placed upon implied warranty; in addition, the relationship between existing Florida case law, strict liability under the Restatement of Torts and the warranty provisions of the Uniform Commercial Code will be examined.
Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff
Torts - Damage Suits Against Pharmacists And Physicians Based On Negligence In Birth Control Treatments. Troppi V. Scarf, 187 N.W.2d 511 (Mich. 1971), Robert L. Winikoff
William & Mary Law Review
No abstract provided.
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
University of Michigan Journal of Law Reform
This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …
Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George
Torts: 1971 Survey Of New York Law, Faust F. Rossi, Warren E. George
Cornell Law Faculty Publications
No abstract provided.
Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi
Toward A Test For Strict Liability In Torts, Jon T. Hirschoff, Guido Calabresi
Articles by Maurer Faculty
No abstract provided.
Defective Products: Abnormal Use, Contributory Negligence, And Assumption Of Risk, Dix W. Noel
Defective Products: Abnormal Use, Contributory Negligence, And Assumption Of Risk, Dix W. Noel
Vanderbilt Law Review
This article will attempt to analyze these three general kinds of conduct on the part of the plaintiff, giving attention to basic tort principles and to traditional distinctions. Special emphasis will be placed on the functions of court and jury in resolving questions posed by situations in which injury is caused both by a defective product and by the plaintiff's handling of that product. It will be shown that a court's choice of policy factors as a basis for strict liability may affect considerably its final decision.
Products Liability-Drugs And Cosmetics, Page Keeton
Products Liability-Drugs And Cosmetics, Page Keeton
Vanderbilt Law Review
Much has been written by judges and scholars about abrogation of both the requirement of privity for recovery on warranty theories and the prerequisite of a finding of negligence for recovery on a tort theory against manufacturers and other sellers of all kinds of products.' As a consequence of this abrogation, the courts in some states have completed the change-over from a fault to a strict liability theory of recovery for harm resulting from unintended and latent dangerous conditions of products. Moreover, removal of initial restrictions limiting strict liability to users and consumers is proceeding apace, and the logical extension …
Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.
Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.
Vanderbilt Law Review
Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
No-Fault Automobile Insurance In Pennsylvania - A Constitutional Analysis, Joel M. Martel
Villanova Law Review
No abstract provided.