Abstract
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
Highlights
We will begin the discussion of the scope of liability in products liability cases by looking at the definition of strict liability
Ryder Truck Rental, Inc. (1976), the Supreme Court of Delaware noted that "the common law must grow to fulfill the requirements of justice as dictated by changing times and conditions.”
The extension of the doctrine of strict liability has been limited, to those leases made “in the regular course of the rental business." A bailment for hire or mutual benefit bailment is a special type of lease of personal property [the common law used the term “chattel”] that involves the temporary surrender of an item of personal property from the bailor or lessor to the bailee or lessee with a provision for its return, in which the bailor is usually compensated in some way
Summary
(Corresponding Author) Department of Economics and Legal Studies Seton Hall University, South Orange, New Jersey, United States 07079. Amoroso Department of Economics and Legal Studies Seton Hall University, South Orange, New Jersey, United States 07079. Shannon Department of Economics and Legal Studies Seton Hall University, South Orange, New Jersey, United States 07079
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
