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Articles 1 - 11 of 11
Full-Text Articles in Law
Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger
Reformulating The Strict Liability Failure To Warn, Michael A. Pittenger
Washington and Lee Law Review
No abstract provided.
A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski
A Proposed Revision Of Section 402a Of The Restatement (Second) Of Torts, James A. Henderson Jr., Aaron Twerski
Cornell Law Faculty Publications
No abstract provided.
Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez
Hahn V. Superior Court: Failing To Take The Doctrine Of Strict Premises Liability To Its Logical Conclusion, Raquel Maria Prieguez
San Diego Law Review
This Casenote questions the holding in Hahn v. Superior Court, decided by the California Court of Appeals in 1991. In Hahn, the Court of Appeals refused to extend the doctrine of strict liability to the owner of a shopping mall based on a defective commercial establishment. The Casenote argues that the development of the doctrine of strict premises liability was arrested prematurely by the courts in California due to their effort to curb the tide of plaintiff compensation. The author argues that defective commercial establishments place the public in as much risk of harm as manufacturers of defective products. The …
Drafts Of The Japanese Strict Product Liability Code: Shall Japanese Manufacturers Also Become The Insurers Of Their Products, Susumu Hirano
Drafts Of The Japanese Strict Product Liability Code: Shall Japanese Manufacturers Also Become The Insurers Of Their Products, Susumu Hirano
Cornell International Law Journal
No abstract provided.
Why The Recent Shift In Tort?, James A. Henderson Jr.
Why The Recent Shift In Tort?, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Tort Law And The Demands Of Corrective Justice, Jules L. Coleman
Tort Law And The Demands Of Corrective Justice, Jules L. Coleman
Indiana Law Journal
No abstract provided.
Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson
Pharmaceutical Product Liability May Be Hazardous To Your Health: A No-Fault Alternative To Concurrent Regulation, Gregory C. Jackson
American University Law Review
No abstract provided.
Comment On Coleman: Corrective Justice, Stephen R. Perry
Comment On Coleman: Corrective Justice, Stephen R. Perry
Indiana Law Journal
No abstract provided.
The Case Against Strict Liability, Alan Schwartz
The Case Against Strict Liability, Alan Schwartz
Fordham Law Review
Professor Schwartz identifies the foundational assumptions of strict products liability law, and argues that these assumptions are either false, not supportive of banishing free contract, or not proven on the current evidence. After showing that, on the evidence now available, strict liability cannot be shown to be more efficient than free contract, Professor Schwartz argues that the choice among legal regimes should be made by a "representative consumer"--a person who knows what is knowable about markets and who knows that he lives in a liberal state, but who does not know what position he will occupy in that state. Professor …
Causal Comparisons, Robert N. Strassfeld
Causal Comparisons, Robert N. Strassfeld
Fordham Law Review
Focusing on the multiple meanings of the statement "A was a more important cause of C than was B," Professor Strassfeld considers the feasibility of comparative causation as a means of apportioning legal responsibility for harms. He concludse that by combining two different interpretations of "more important cause"--judgments of comparative counterfactual similarity and the Uniform Comparative Fault Act approach of comparative responsibility--we can effectively make causal comparisons and avoid the effort to compare such incommensurables as the defendant's fault under a strict liability standard and the plaintiff's failt for failure to exercise reasonable care.
Southern General Insurance Co. V. Holt: Defining "Duty" In The Duty-To-Settle Doctrine As Applied To Third-Party Insurance Claims In Georgia, Suzan E. Roth
Georgia State University Law Review
No abstract provided.