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- Torts (34)
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Articles 421 - 446 of 446
Full-Text Articles in Torts
Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.
Judicial Review Of Manufacturers' Conscious Design Choices: The Limits Of Adjudication, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Products Liability - Assumption Of Risk Is An Affirmative Defense To A Products Liability Suit Based Upon Strict Liability In Tort - Mere Contributory Negligence Will Not Bar Plaintiff's Relief, Lee J. Radek
Loyola University Chicago Law Journal
No abstract provided.
The Abc's Of Products Liability -- With A Close Look At Section 402a And The Code, Reed Dickerson
The Abc's Of Products Liability -- With A Close Look At Section 402a And The Code, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Products Liability: Foreseeability Of Unusual Uses Of A Product Which Are Accompanied By Injury, G. F. E.
Products Liability: Foreseeability Of Unusual Uses Of A Product Which Are Accompanied By Injury, G. F. E.
Georgia Law Review
Lately the courts have effected tremendous changes in the law of products liability.' One such area of change has involved the foreseeability of an injury occurring while a product is undergoing unusual use, which the product's designer alleges was not foreseeable and hence not within his duty to prevent. Before 1962, commentators devoted little attention to the question of negligent design of products. Since then, practically all emphasis has been focused on the design of automobiles involved in accidents. Assertions have been made that the automobile accident is a special situation where liability hat developed uniquely. This Note seeks to …
Single-Corporation Competitive Torts And The Sherman Act: A Projection Based Upon A Review Of The Albert Pick, Atlantic Heel And Perryton Cases, John H. Boone
Georgia Law Review
WITH the current vogue for new theories of antitrust liability, due in no small part to the increasing popularity of the private action, it is appropriate to consider the proper application of antitrust concepts to single-corporation competitive torts. Numerous unfair business practices have been conveniently classified under the general label of "competitive tort" because of the lack of uniformity in the application of the term "unfair competition." While as yet not widely accepted, the term "competitive tort" has the advantage of de- noting a more clearly ascertainable array of private wrongs arising in an economic or business context,2 all of …
Report On Product Safety: Household Goods
Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor, Jr.
Georgia's New Statutory Liability For Manufacturers: An Inadequate Legislative Response, E. Hunter Taylor, Jr.
Georgia Law Review
DURING its 1968 session the Georgia Legislature passed a bill intending to create a right of action in tort, independent of negligence, in favor of consumers, users or other foreseeably affected parties against manufacturers of defective products. While Georgia has been in need of judicial or legislative action in this realm, it is the author's thesis that the recently enacted statute is unsatisfactory and should be redrafted. The purpose of this article is as follows: To describe and trace historically the problems which have been encountered in providing legal protection to the individual for injury caused by defective goods; to …
Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice
Products Liability--Delegation Of Duties By Manufactures For Inherently Dangerous Products, Paul R. Rice
West Virginia Law Review
No abstract provided.
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Michigan Law Review
While judicial acceptance of this concept of strict tort liability has been proceeding apace, far less dramatic but equally significant developments have been occurring with respect to both negligence and fraud liability. The possibility of recovering for a seller's misrepresentations concerning his product has been enhanced by a plaintiff-oriented judicial redefinition of two elements of a cause of action for fraud: defendant's knowledge of the falsity of his representation and plaintiff's reliance upon the deception. At the same time, negligence liability has often come to resemble liability without fault as courts continue to deemphasize, as a prerequisite to the application …
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Michigan Law Review
Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …
The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster
The Contractual Aspect Of Consumer Protection: Recent Developments In The Law Of Sales Warranties, William C. Pelster
Michigan Law Review
As might have been expected, the courts have not confined their efforts in updating the law of products liability to fostering innovations in that segment dealing with warranties. The struggle to impose strict tort liability upon a manufacturer for harm caused by his defective products has made significant advances and is continuing: However, the citadel has yet to be taken. Indeed, even the California Supreme Court, which may be considered the leading proponent of this strict tort theory, has limited its availability so that only those seeking redress for harm to person or property may invoke the doctrine; thus, a …
Products Liability--Some Observations About Allocation Of Risks, Page Keeton
Products Liability--Some Observations About Allocation Of Risks, Page Keeton
Michigan Law Review
Virtually all of the activities of mankind involve the use of some product. Consequently, nearly all losses in the nature of physical damage to persons or things, and a great deal of the economic losses flowing from inferior or unfit products, are factually caused by characteristics or conditions of products, or at least occur during the use of products. Therefore, when fault, in the sense in which fault has been used in the Anglo-American law of torts (a usage which frequently results in the imposition of liability without personal fault), is abandoned as a basis for shifting or allocating losses, …
In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins
In Personam Jurisdiction Over Nonresident Manufacturers In Product Liability Actions, Harry B. Cummins
Michigan Law Review
A wide divergence of opinion exists regarding the wisdom as well as the constitutionality of extensive jurisdiction through the use of liberally drafted and construed "long-arm" statutes. Hesitance may result from a fear of burdening a defendant with the inconvenience and expense of a foreign suit brought against him solely for the purpose of harassment. While this comment does not advocate the extent to which a court should assert the jurisdictional powers conferred on it by a given "long-arm" provision, it examines the scope of jurisdiction constitutionally permissible over nonresident manufacturers in product liability cases with a view toward formulating …
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Washington Law Review
Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.
Implied Warranty And Trichinosis, Lee Ames Luce
Implied Warranty And Trichinosis, Lee Ames Luce
West Virginia Law Review
No abstract provided.
Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele
Sales--Additional Responsibility Of Manufacturers--New Car Sales, Robert Glenn Steele
West Virginia Law Review
No abstract provided.
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Sales - Implied Warranty - Privity Of Contract As A Prerequisite To Recovery From Manufacturer, John L. Peschel S. Ed.
Michigan Law Review
Plaintiff sustained injuries in the course of his employment when a defective abrasive wheel, while being used in its intended manner, exploded in his face. The abrasive wheel was purchased by plaintiff's employer directly from the manufacturer. Plaintiff sought recovery from the manufacturer on two grounds: negligence in the manufacture of the abrasive wheel and breach of implied warranty for fitness of purpose. The negligence issue was submitted to the jury, which returned a verdict adverse to the plaintiff. The manufacturer's demurrer to the cause of action based upon implied warranty was sustained by the trial court. On appeal from …
The Basis Of Strict Products Liability, Reed Dickerson
The Basis Of Strict Products Liability, Reed Dickerson
Articles by Maurer Faculty
This paper was presented before the Division of Food Drug Cosmetic Law, Section of Corporation, Banking and Business Law of the American Bar Association at the Annual Meeting in St. Louis, August 9. It Is a companion paper to "Restatement or Reformation?" by William J. Condon, which appeared in the August, 1961 issue of this magazine. Mr. Dickerson Is Professor of Law at Indiana University and author of Products Liability and the Food Consumer.
The Expanding Risks Of Products Liability, Reed Dickerson
The Expanding Risks Of Products Liability, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Torts--Warranty Of Vendor For Latent Defects In Chattel Manufactured By Third Person, L. O. H.
Torts--Warranty Of Vendor For Latent Defects In Chattel Manufactured By Third Person, L. O. H.
West Virginia Law Review
No abstract provided.
Viewpoint Of The Consumer, Catherine H. Hotes
Viewpoint Of The Consumer, Catherine H. Hotes
Cleveland State Law Review
When Adam Smith described his self-regulating economy in the 1770's, he assumed that its motive power would be provided by the interplay of mutual demands and concessions between economic entities, and that such interplay would result in a balance of power. Since that time, the growth of huge corporations that employ modern technology, complex manufacturing processes, mass production, and mass advertising, into "clusters of private collectivisms" has substantially upset any such supposed balance of power.
Torts - Liability Of Supplier Of Chattel - Proof Of Manufacturer's Negligence, Whitmore Gray
Torts - Liability Of Supplier Of Chattel - Proof Of Manufacturer's Negligence, Whitmore Gray
Michigan Law Review
Plaintiff service station operator brought an action to recover for injuries resulting from the explosion of one of defendant manufacturer's tires. The tire, while admittedly new, had been purchased by a third party some eighteen months before being brought to the plaintiff for mounting. In addition to his own testimony, the only evidence supporting plaintiff's claim of negligence was expert testimony that such an explosion could be caused by defective wire in the bead when a tire was inflated to normal pressure, and also that there was opportunity for negligence in defendant's manufacturing processes. The district court set aside the …
Manufacturers' Liability In Kentucky, Henry V. Pennington Ii
Manufacturers' Liability In Kentucky, Henry V. Pennington Ii
Kentucky Law Journal
No abstract provided.
Sales--Implied Warranty Of Food Sold In Bulk By Retail Dealer--Liability To The Purchaser, V. K. K.
Sales--Implied Warranty Of Food Sold In Bulk By Retail Dealer--Liability To The Purchaser, V. K. K.
West Virginia Law Review
No abstract provided.
Manufacturers' Liability To The Ultimate Consumer, Andrew J. Russell
Manufacturers' Liability To The Ultimate Consumer, Andrew J. Russell
Kentucky Law Journal
No abstract provided.
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Negligence--Liability Of Manufacturer To User Of Goods, James T. Hatcher
Kentucky Law Journal
No abstract provided.