Proximate Cause The Proposed Basic Principles Restatement And Products Liability PDF Download

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Proximate Cause, the Proposed Basic Principles Restatement, and Products Liability

Proximate Cause, the Proposed Basic Principles Restatement, and Products Liability
Author: Richard L. Cupp
Publisher:
Total Pages: 18
Release: 2009
Genre:
ISBN:

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No subject separates torts scholars from practitioners more than the doctrine of proximate cause. This article discusses how to accomplish the delicate balance between the practitioners's need for proximate cause doctrine clarity, and the scholars' need to recognize the doctrine's subtleties and complexities. First, it discusses the proposed Basic Principles Restatement's formation of proximate cause, which Professor Cupp feels is more succinct, centralized, and clear in comparison to earlier versions, which discussed proximate cause over multiple scattered and overlapping sections. However, the problem with this newer explanation is that it uses different language than the courts typically use when they discuss proximate cause. An example of this is the new version's use of the terms quot;results-within-the-riskquot; (rather than quot;reasonable foreseeabilityquot;) and quot;legal causequot; (rather than quot;proximate causequot;). The article then discusses how the proximate cause analysis is different in a product liability case than in other torts cases, and how the change in the Basic Principles Restatement's language from quot;reasonable foreseeabilityquot; to quot;results-within-the riskquot; can affect some products liability cases. Specifically, the Products Liability Restatement indicates that strict liability is theoretically available for design defects and warning defects, but that such liability only attaches to risks that are reasonably foreseeable. The article then offers a discussion of the burden of proving misuse in cases of contributory or comparative negligence.


Principles of Products Liability

Principles of Products Liability
Author: Mark Geistfeld
Publisher:
Total Pages: 304
Release: 2006
Genre: Business & Economics
ISBN:

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The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.


Products Liablility and Basic Tort Law

Products Liablility and Basic Tort Law
Author: Martin Alan Kotler
Publisher:
Total Pages: 704
Release: 2005
Genre: Law
ISBN:

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Products Liability and Basic Tort Law covers all products liability theories; express and implied warranty under the Uniform Commercial Code; fraudulent, negligent and innocent misrepresentation; strict liability and, of course, negligence. Because the book places products liability law into the larger context of tort law, large sections are devoted to basic tort principles of duty, actual and proximate cause, damages, defenses and third party claims for indemnity and contribution. As a result, the book would also be an excellent supplement to whatever casebook is being used in a products liability or traditional first-year law school torts class. In addition to tracing the development of modern products liability and tort doctrine, the book discusses and analyzes many of the currently hot issues in products liability law and tort law, not only clarifying the underlying issues, but, in many instances, showing where and why recent lines of cases and developing doctrine fit in or, more commonly, fail to fit in to traditional legal concepts and traditional understanding about the respective roles of judges, juries and legislatures. For example, the current push to carve out separate spheres for tort and contract law and the resulting incoherence of doctrine is a recurring theme as is the (largely political) impetus for tort and products liability reform in the courts, state legislatures and Congress. The explanation and criticism of some emerging doctrine should provide practitioners with a valuable basis for structuring a legal argument in an appropriate case. This book is also available in paper binding.


Products Liability in a Nutshell

Products Liability in a Nutshell
Author: David G. Owen
Publisher: West Academic Publishing
Total Pages: 580
Release: 2005
Genre: Law
ISBN:

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Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.


Cases and Materials on Torts

Cases and Materials on Torts
Author: Richard A. Epstein
Publisher: Aspen Publishing
Total Pages: 1706
Release: 2020-02-13
Genre: Law
ISBN: 1543820905

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Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.


Restatement of the Law, Torts

Restatement of the Law, Torts
Author:
Publisher:
Total Pages: 438
Release: 1997
Genre: Products liability
ISBN:

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"Submitted by the Council to members ... for discussion at the [##th] Annual Meeting on ..."--Cover and T. page.