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Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Product Liability: Curse Or Bulwark Of Free Enterprise, Guido Calabresi
Cleveland State Law Review
What the government and the various states which have also reacted to the product liability "crisis" by passing "codes" have not faced, however, is the fact that the "uncertainties" they would abolish to a large extent only reflect the risks inherent in the manufacture and use of complex and even of simple products. Uncertainty and risk are allocated and occasionally misallocated by the tort system, but they are not caused by it. As a result, the proposed codes may well reallocate or shift the burdens of accident risks and uncertainty, in part or in whole, from the manufacturer (on whom …