This article examines the relationship between two concepts found throughout the law of products liability, defect and negligence. Traditional tort doctrine contends that, although they are sometimes used interchangeably, both concepts refer to quite distinct matters: the state of a product, on the one hand, and the nature of a manufacturer\u27s conduct in supplying its products, on the other. The hallmark distinction between a standard of fault and one of strict liability, it is said, is that only the former requires proof of unreasonable care, whereas both require proof of a defect. Relying on developments in the United States and in Canada, the author suggests that such claims are overly sweeping in practice. In both jurisdictions, while...
This Article will consider the problems engendered by imprecise judicial analysis of the notion of d...
This Article will consider the nature of the term defect and the judicial characterization of the st...
Strict liability in tort has occupied the core of modern products liability doctrine ever since Dean...
This article examines the relationship between two concepts found throughout the law of products lia...
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products lia...
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products lia...
The twenty years since the introduction of the concept of strict products Liability have been marked...
The twenty years since the introduction of the concept of strict products Liability have been marked...
The twenty years since the introduction of the concept of strict products Liability have been marked...
The twenty years since the introduction of the concept of strict products Liability have been marked...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
In the products liability area the pendulum has now swung back to the imposition of strict liability...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
The fifteen years since Fleming James addressed the question of whether manufacturers should be liab...
This Article will consider the problems engendered by imprecise judicial analysis of the notion of d...
This Article will consider the nature of the term defect and the judicial characterization of the st...
Strict liability in tort has occupied the core of modern products liability doctrine ever since Dean...
This article examines the relationship between two concepts found throughout the law of products lia...
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products lia...
In the common law provinces of Canada, it is generally recognized that a plaintiff in a products lia...
The twenty years since the introduction of the concept of strict products Liability have been marked...
The twenty years since the introduction of the concept of strict products Liability have been marked...
The twenty years since the introduction of the concept of strict products Liability have been marked...
The twenty years since the introduction of the concept of strict products Liability have been marked...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
In the products liability area the pendulum has now swung back to the imposition of strict liability...
Dangerous products may give rise to colossal liability for commercial actors. Indeed, in 2021, the U...
The fifteen years since Fleming James addressed the question of whether manufacturers should be liab...
This Article will consider the problems engendered by imprecise judicial analysis of the notion of d...
This Article will consider the nature of the term defect and the judicial characterization of the st...
Strict liability in tort has occupied the core of modern products liability doctrine ever since Dean...