Book Description

Products Liability and Basic Tort Law covers all products liability theories; express and implied warranty under the Uniform Commercial Code; fraudulent, negligent and innocent misrepresentation; strict liability and, of course, negligence. Because the book places products liability law into the larger context of tort law, large sections are devoted to basic tort principles of duty, actual and proximate cause, damages, defenses and third party claims for indemnity and contribution. As a result, the book would also be an excellent supplement to whatever casebook is being used in a products liability or traditional first-year law school torts class. In addition to tracing the development of modern products liability and tort doctrine, the book discusses and analyzes many of the currently hot issues in products liability law and tort law, not only clarifying the underlying issues, but, in many instances, showing where and why recent lines of cases and developing doctrine fit in or, more commonly, fail to fit in to traditional legal concepts and traditional understanding about the respective roles of judges, juries and legislatures. For example, the current push to carve out separate spheres for tort and contract law and the resulting incoherence of doctrine is a recurring theme as is the (largely political) impetus for tort and products liability reform in the courts, state legislatures and Congress. The explanation and criticism of some emerging doctrine should provide practitioners with a valuable basis for structuring a legal argument in an appropriate case. This book is also available in paper binding.