scholarly journals A Managerial Guide to Products Liability: A Primer on the Law in the United States—PART II A Focus on Theories of Recovery

2012 ◽  
Vol 2 (3) ◽  
pp. 99
Author(s):  
Jr Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Key Words ◽  
Theoretical Basis ◽  
Strict Liability ◽  
Product Liability ◽  
The United States ◽  
Products Liability ◽  
The Common ◽  
The Creation ◽  
The Law

 Abstract In Part II, the authors build on Part I of this study and here focus on the theories implicit in a product liability claim: negligence, fraud and misrepresentation, and warranty—with a focus on their inherent weaknesses—leading to the creation of the now preferred theory of strict liability in tort.  The context of Part II is on the common cases that provided the theoretical basis for the underlying theories, as well as to the development of strict liability. Key words: Theories of liability, negligence, warranty, fraud, strict liability

scholarly journals A Managerial Guide to Products Liability: A Primer on the Law in the United States

2012 ◽  
Vol 2 (3) ◽  
pp. 34
Author(s):  
Jr. Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Strict Liability ◽  
Case Law ◽  
The United States ◽  
Managerial Decision ◽  
Products Liability ◽  
Product Manager ◽  
The Common ◽  
The Law ◽  
Product Defect

This article provides an overview or primer on the law of products liability in the United States for use in the managerial decision-making process.  It focuses on the development of case law under the common law in determining a product defect, types of defects, theories of recovery, and the move to the adoption of the theory of strict liability in products cases.  The article is written within the context of the Restatement of the Law of Torts.  The article provides useful information to the product manager who is responsible for production decisions in a business organization. Key words: Products Liability, Product Defects, Strict Liability in Tort

scholarly journals A Primer on the LAW in the United States: Part III Scope of Liability in Product Liability Cases

2012 ◽  
Vol 2 (4) ◽  
pp. 1 ◽  
Author(s):  
Jr. Richard J. Hunter ◽  
Henry J. Amoroso ◽  
John H. Shannon
Keyword(s):  
United States ◽  
Market Share ◽  
Common Law ◽  
Product Liability ◽  
The United States ◽  
Products Liability ◽  
Liability Law ◽  
Commercial Code ◽  
The Law ◽  
Used Goods

In Part III of our study, the authors describe the types of transactions that are most common in products liability cases and also delineate the parties to the transaction.  This article concludes by discussing some “special topics” in modern product liability law: enterprise liability, alternative liability, and market share liability.  The article relies on references to the Uniform Commercial Code, the Restatement of the Law of Torts, and cites the major common law cases that have impacted on these important issues. Key Words:  Products Liability; Bailments; Franchising; Used Goods; Enterprise Liability; Market Share; Alternative Liability

The Law of Personal Status: Wives, Paupers, and Slaves

2019 ◽  
pp. 173-212
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Common Law ◽  
White Men ◽  
The United States ◽  
Political Rights ◽  
Poor Laws ◽  
Marriage And Divorce ◽  
The Common ◽  
The Law

This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.

Permanent Officials in the National Administration of the United States

1927 ◽  
Vol 21 (3) ◽  
pp. 529-536
Author(s):  
Frank O. Lowden
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
Government Official ◽  
Business Organization ◽  
Constant Friction ◽  
The Creation ◽  
The Law ◽  
Serious Injury ◽  
The Government

The tendency of all government is toward bureaucracy. The government official is inclined to exaggerate the importance of his office. He is constantly tempted to expand its scope. He is properly jealous of his authority. He looks askance upon the activities of other officials who seem to be trespassing upon his ground. In his construction of the law he is prone to insist upon the letter which killeth but to overlook the spirit which giveth life.I think that this tendency is inevitable. It is inseparable from zeal and pride, and these qualities are essential to successful administration. Where, however, the enterprise is a vast one, as in government, or as in a great business organization, these tendencies, if left uncontrolled, are likely to inflict serious injury upon the service. There will be constant friction among the various subdivisions of the particular department. At times the activities of one will neutralize the activities of the other. A set of arbitrary rules is likely to be evolved which will vex everyone who comes in contact with the particular bureau. The original purpose of the creation of the bureau is finally lost sight of, and it is likely to seem to those who direct it an end and not a means.

Lives and works — biography and the law of copyright

Legal Studies ◽  
2000 ◽  
Vol 20 (4) ◽  
pp. 485-502 ◽  
Author(s):  
Jonathan Griffiths
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
The United Kingdom ◽  
The Creation ◽  
Stephen Spender ◽  
The Law

In both the United Kingdom and the United States, there have been a substantial number of copyright disputes concerning the creation of biographical works. Prominent recent examples have involved J D Salinger and Sir Stephen Spender. In many such disputes, the claimant's motive for bringing infringement proceedings is not financial but ‘personal’— for example, to protect privacy or reputation. In this article, it is argued that, when copyright is employed for such motives, inconsistent results can arise. In particular, in such cases, it is demonstrated that the possession of a copyright interest is capable of providing a number of apparently inequitable advantages to claimants whose privacy or reputation is threatened.

scholarly journals The Legal Aid Trade

1969 ◽  
pp. 65
Author(s):  
Christopher Dudley Evans
Keyword(s):  
United States ◽  
Theoretical Basis ◽  
The United States ◽  
Present System ◽  
Public Defender ◽  
Legal Aid ◽  
Public Defenders ◽  
Defence Counsel ◽  
The Law

Members of the Law Society of Alberta have undertaken to provide compre hensive legal aid service in order to enable Albertans of insufficient means to be represented by counsel in court. Mr. Evans feels the present legal aid system, while founded on strong theoretical basis, has not accomplished its objectives. The author points out that the system has experienced rising costs coupled with diminishing quality in the legal aid provided. Various abuses of the legal aid system are presented and Mr. Evans notes that the essential weakness of the system lies in its failure to provide defence counsel "approximating the ability of the Crown Prosecutor". To alleviate this inequity the author submits that Public Defenders Office should be established to operate on much the same basis as the Crown Prosecutors Office. This would consistently provide competent defence counsel who are acceptable to the court. Mr. Evans suggests, after review of the costs of the present system and of several Public Defender systems in the United States, that such counsel can be provided at less expense than the current legal aid system.

scholarly journals Parental Criminal Responsibility for the Misconduct of Their Children: A Consideration

2018 ◽  
Vol 21 ◽  
pp. 1-21
Author(s):  
Charnelle Van der Bijl
Keyword(s):  
United States ◽  
South African ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Common Law ◽  
Strict Liability ◽  
The United States ◽  
Parental Responsibility ◽  
The Common

This contribution examines parental criminal responsibility for the delinquent acts of their children.  As South African law has been swayed by legal philosophy of Anglo-American jurisprudence, a comparative analysis is undertaken with the United States of America, where this issue has been addressed legislatively in both civil tort law and criminal law. The reasoning behind the implementation of specific legislation in the United States is that the common law principles are rooted on the principles of individualisation, which does not specifically cater for parental liability.  Parental responsibility laws have been challenged constitutionally over the years in the United States. Critics are of the view that such laws interfere with the rights of parents to raise their children and are a form of cruel punishment. Additional criticism raised is that parental responsibility laws impose strict liability on parents. Furthermore, some misgivings have been shed that many parents face challenges of being single parents or poverty, which will be exacerbated with the imposition of fines or imprisonment for the misconduct of their children. Despite these concerns and criticism, it will be shown that these laws have withstood the challenges over many decades, in the United States, in both the fields of the law of tort and criminal law. The common law of tort provides for the liability of parents for the conduct of their child. However, such conduct must be specifically attributable to a parent’s action or inaction. The purpose behind tort parental responsibility legislation focuses not only on providing monetary compensation by parents where their children are unable to do so, but also aims to encourage parents to provide better supervision of their children.  At the opposite end of the spectrum, the focus of statutory criminalisation tends to remain on criminal liability of parents for failing to protect others from their child, due to a failure in supervision and to prevent juvenile delinquency.  The South African law of delict is briefly contiguously considered in the context of parental responsibility laws. The concept of parental criminal responsibility laws under South African law is then considered and proffered as a useful mechanism to regulate misconduct of children currently falling outside the aegis of the criminal law.

scholarly journals BASIC PRINCIPLES OF JURISDICTION IN PRIVATE INTERNATIONAL LAW: THE EUROPEAN UNION, THE UNITED STATES AND ENGLAND

2021 ◽  
pp. 1-16
Author(s):  
Trevor C Hartley
Keyword(s):  
United States ◽  
European Union ◽  
Comparative Study ◽  
International Law ◽  
The United States ◽  
Private International Law ◽  
The European Union ◽  
Basic Principles ◽  
Products Liability ◽  
The Law

Abstract This article consists of a comparative study of the basic principles underlying the rules of jurisdiction in private international law in commercial cases in the law of the European Union, the United States and England. It considers the objectives which these rules seek to achieve (protection of the rights of the parties and respect for the interests of foreign States) and the extent to which these objectives are attained. It takes tort claims, especially in the field of products-liability, as an example and considers which system has the most exorbitant rules. It suggests explanations for the differences found.

Choice of Law Methods in the Private International Law of Contract

1981 ◽  
Vol 18 ◽  
pp. 161-200
Author(s):  
Joost Blom
Keyword(s):  
United States ◽  
International Law ◽  
Common Law ◽  
The United States ◽  
Private International Law ◽  
Legal Systems ◽  
Choice Of Law ◽  
The Common ◽  
The Law ◽  
Contractual Obligations

This article examines the choice of law methods developed in four legal systems for problems relating to the substantial or essential validity of contracts. The complicated questions of formation and capacity have had to be left aside. The first two parts of this article discussed the choice of law methods used by courts in France, Germany, and the United States. This concluding part deals with the law in England and the common law jurisdictions in Canada, and also, by way of epilogue, with the recently completed European Communities Convention on the law applicable to contractual obligations. Finally, some general conclusions will be offered about the patterns of law that have emerged in the course of this survey.

Sign in / Sign up

Export Citation Format

Share Document