Products liability law /
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| Author / Creator: | Kaye, Tim, 1961- author. |
|---|---|
| Imprint: | Chicago, Illinois : American Bar Association, Tort, Trial, & Insurance Practice Section, ©2015. |
| Description: | xi, 203 pages : illustrations ; 23 cm. |
| Language: | English |
| Series: | ABA fundamentals ABA fundamentals. |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/10542364 |
Table of Contents:
- Chapter 1. The Five Elements of a Products Liability Case
- Introduction
- Relevant Areas of Law
- The Five Elements
- Product
- Products vs. Services
- Books, Maps, and Computer Software
- Components
- Economic Loss or Property Damage?
- Commercial Sale or Distribution
- Seller
- Merchant
- Question of Fact or Law
- Sellers of Used Products
- Defect
- Types of Defect
- Defect Broadly Defined
- Causation of Physical Harm
- Consequential Nonphysical Losses
- Pure Nonphysical Losses
- Compensable Victim
- Consumers
- Users
- Reasonably Foreseeable Third Parties
- Chapter 2. Warranties
- Pros and Cons of Contracts
- Limitation Periods
- Other Limitations
- Strict Liability
- Caveat Emptor
- Medieval Principle
- Uniform Commercial Code
- Express Warranties
- Puffery
- The Basis of the Bargain
- Breach of Express Warranty
- Implied Warranties
- Merchantability
- Fitness for Purpose
- Different Sellers
- Comparing Warranties
- Exclusions and Limitations
- Privity: Suing and Being Sued
- Vertical Privity
- Collateral Contract
- Horizontal Privity
- Chapter 3. Misrepresentation
- Circumventing Privity
- Types of Misrepresentation
- Nature of the Statement
- Type of Relationship
- Mere Puffery
- Silence
- Material Untrue Statement
- Causation of Harm: Reliance
- Substantial Factor
- Inferences
- Reasonable Reliance
- Types of Misrepresentation
- Fraudulent Misrepresentation
- Negligent Misrepresentation
- Innocent Misrepresentation
- Chapter 4. Negligence
- The Elements
- Duty of Care
- Requirement of Relationship
- Question of Law
- Standard and Breach
- Standard and Breach in Practice
- Negligence Per Se
- Causation of Harm
- Res Ipsa Loquitur
- Scope of Liability
- Type of Harm
- Intervening Cause
- Superseding Cause
- Comparing Three Actions
- Chapter 5. The Restatements Debate
- Strict Liability
- When Strict Liability Is Not Strict
- The Second Restatement
- The Third Restatement
- The Implications
- Truths Lost in the Controversy
- When the Sides Are Reversed
- Small vs. Big Businesses
- Format of the Next Chapters
- Chapter 6. Manufacturing Defects
- Food
- Contracts and Torts
- Two Problems
- Third Restatement
- Food and Manufacturing Defects
- What Is "Manufactured" Food?
- Two Competing Tests
- Foreign Object Test
- Consumer Expectations Test
- Practical Tips
- Other Products
- Strict Liability
- Second Restatement
- Defect at Time of Sale or Distribution
- Unreasonable Danger
- Consumer Expectations Test
- Third Restatement
- Centrality of Design
- Implications
- Which Test Favors Either Party?
- Discovery
- Failure to Adhere to Design
- Adherence to Design
- Manufacturing Tolerances
- Bug or Feature?
- Patent and Latent Defects
- Used Products
- Economic Loss "Rule"
- Businesses as Plaintiffs
- Damage to the Defective Product
- Chapter 7. Design Defects
- Second Restatement
- Consumer Expectations Test
- Consumer Expectations of Design
- Third Restatement
- Focus of Comparison
- Safer Alternative Design
- Reasonable Alternative Design
- Not Reasonably Safe
- Question of Law
- Roles of Judge and Jury
- Screening as a Matter of Law
- Consumer Expectations Test Revisited
- Prescription Drugs and Medical Devices
- Inherently Dangerous Products
- Expectations and Modifications
- Analogies with Warranties
- Design Modifications
- Non-Standard Usage
- State of the Art
- Subsequent Remedial Measures
- Different State Rules
- Exceptions
- Chapter 8. Marketing Defects, or Failures to Warn
- Personal Responsibility
- Obvious Dangers
- Duty to Warn
- When to Warn?
- The Misnomer of Strict Liability
- Outdated Terminology
- Differentiation from Negligence
- Warnings and Misrepresentation
- Reasonable Warnings
- Who Decides?
- What Is Reasonable?
- Safety Statutes and Regulations
- Medical Devices and Drugs
- The Public and the Individual
- The Insert
- Learned Intermediary
- Heeding a Warning
- Warnings and Design
- Warnings and Exclusions
- Role of Warnings and Instructions
- Role of Waivers and Disclaimers
- Post-Sale Duty to Warn
- Recalls and Retrofits
- Chapter 9. Causation
- Definitions
- General Causation
- Judge and Jury
- What Qualifies as Harm?
- Uncertainty and Probability
- Evidence of Causation
- Epidemiology
- Asbestos
- Specific Causation
- But-For Causation
- Substantial Factor Causation
- Contribution to the Risk
- Inferences
- Asbestos
- Latency and Medical Monitoring
- Joint and Several Liability
- Market Share Liability
- Elements
- Sindell v. Abbott Laboratories
- Expert Evidence
- Weight, Admissibility, and Discretion
- The Frye Standard
- The Daubert Standard
- Federal Rule of Evidence 702
- The Daubert Controversy
- Standard of Appellate Review
- State Law
- Lay Evidence
- Chapter 10. Affirmative Defenses
- Limitations of Time
- Statutes of Limitations
- Statutes of Repose
- Overlap
- Constitutionality
- Contract-Based Defenses
- Waivers and Disclaimers
- Sovereign Immunity
- Government Contractors
- The Victim's Own Conduct
- Implied Assumption of Risk
- Contributory and Comparative Fault
- Comparative Fault as a Sword
- The "Empty Chair" Defense
- Chapter 11. Role of Federal Law
- Pre-Emption
- Constitutional Implications
- The Requirements for Pre-Emption
- Types of Pre-Emption
- Pre-Emption Trends
- Mass Torts Litigation
- Multi-District Litigation
- Class Actions
- Bankruptcy Protection
- Chapter 7
- Chapter 11
- Liability Insurance
- Chapter 12. Damages
- Types of Damages
- Nominal Damages
- Compensatory Damages
- Special Damages
- General Damages
- Plaintiff Strategy
- Apportionment
- The "American Rule"
- Pain and Suffering
- Additur and Remittitur
- The Vocabulary of "Tort Reform"
- Economic Loss
- Types of Economic Loss
- Damage to the Defective Product
- Market and Intrinsic Value
- Emotional Distress
- Collateral Source Rule
- Constitutionality
- Caps on Damages
- Punitive Damages
- Punishing What?
- The Multiplier
- RICO
- Prelude to Negotiation
- Index
- About the Author
