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Full-Text Articles in Law

Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes Jan 1971

Section 2-318 Of The Ucc: The Sleeping Giant, William Michael Karnes

Cleveland State Law Review

The acceptance, application, and development of Section 2-318 of the Uniform Commercial Codemhas caused more trouble and confusion than the appearance of Darwin's theory of evolution in Tennessee. Overlooking the obvious possible solution of amending Section 2-318, most states have retained a written but unexercised statute and thereby compelled courts to stretch, bend and squeeze breach of warranty into the realm of strict liability in tort.


Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber Jan 1971

Automotive "Crashworthiness:" An Untenable Doctrine, Stephen J. Werber

Law Faculty Articles and Essays

It is the purpose of this article to review the decisional law of automobile crashworthiness and to place it in the context of important policy considerations which justify such judicial determinations. It will be shown that the great majority of these decisions are entirely consistent with the doctine of "strict tort liability" as enunciated in section 402A of the Restatement of Torts, Second; that the questions sought to be submitted to juries in these cases are properly the subject of highly technical and complex legislative and administrative action on both a state and federal level; and that the few decisions …