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Fischer, Green, Powers and Sanders' Cases and Materials on Products Liability, 4th

By David A Fischer, Michael D. Green, William Powers, Jr., Joseph Sanders

ISBN-13: 9780314161239

Availability: In Stock

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Series: American Casebook Series

Brand: West Law School

Pages: 916

Components: 1 Print

Shelf Space: 2 in.

Free Update Period: 90 days

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Book - hardbound

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$176.00

Description

The material addresses the application of negligence, misrepresentation, and warranty law to products cases. Also addresses various aspects of strict tort liability. Specific topics are broken out to help teachers easily choose among topics. Deals with causation, scope of liability, punitive damages, contribution and indemnity, defenses, and parties and transactions governed by strict liability—covers issues that are relevant to all pertinent theories of recovery.

Features

Addresses parties and transactions governed by strict liability
Covers implied warranty of fitness for particular purpose
Describes persons who are protected regarding privity of contract
Discusses categorial rules restricting recovery
Examines the effects of statutes and regulations concerning strict liability
Explains causation in fact; tests for determining and proof of causation
Identifies consumer conduct defenses and comparative fault
Looks at the Magnuson-Moss Act

Summary Of Contents

Preface
Acknowledgments
Table Of Cases
Table Of Statutes
Table Of Restatements
Chapter
1. Introduction
  Sec.
  1. History
  2. Negligence
  3. Misrepresentation
2. Warranty
  1. Introduction
  2. Express Warranty
  3. Implied Warranty of Merchantability
  4. Implied Warranty of Fitness for Particular Purpose
  5. Persons Who Are Protected: Privity of Contract
  6. Remedies
  7. Disclaimers
  8. Remedy Limitations
  9. Notice and Statutes of Limitation
3. Emergence of Product Liability
  1. Adoption
  2. Policies Underlying Products Liability
4. Defect
  1. Introduction
  2. Manufacturing Defects
  3. Design Defects
  4. Proof of Non–Specific Defect (in Manufacture or Design) by Circumstantial Evidence
  5. Warning Defects
5. Causation in Fact
  1. Tests for Determining Causation
  2. Proof of Causation
6. Proof of Defect and Causation
  1. Industry Standard and Custom
  2. Post–Accident Remedial Measures
  3. Expert Witnesses
7. Proximate Cause
  1. Introduction
  2. Product Alteration
  3. Effect of Apportionment of Fault on Superseding Cause
8. The Effect of Statutes and Regulations
  1. Relevance of Statutes
  2. Regulation
  3. Preemption
9. Damages
  1. In General
  2. Pecuniary Loss and Harm to Property
  3. Mental Distress
  4. Punitive Damages
10. Apportionment of Liability Among Multiple Parties
  1. Consumer Conduct Defenses and Comparative Responsibility
  2. Apportioning Liability Among Defendants and the Special Role of Employers: Contribution and Indemnity
11. Statutes of Limitation and Repose
12. Parties and Transactions Governed by Strict Liability
  1. Parties Who Can Be Sued
  2. Transactions Covered by Product Liability and Warranty
13. Complex Litigation
  1. Issue Preclusion/Collateral Estoppel
  2. Multidistrict Litigation
  3. Class Actions
Index