Hardback
Shapo on The Law of Products Liability
7th Edition
7th edition
9781786433718 Edward Elgar Publishing
An authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject.
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Contents
More Information
An authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject.
Practically organized and clearly written, the treatise provides detailed descriptions of case law governing:
• what constitutes a product
• a general definition of products, followed by an in-depth examination of various types of product defects
• firms in the chain of distribution that can be liable for a product defect
• who in the consumer chain can make a claim for damages
• defenses involving consumer conduct
• general principles of proof and causation applicable to this area of law
• punitive damages
• the procedural and remedial concepts that surround the substantive law.
Trial lawyers in products liability cases, corporate counsel for firms that manufacture or sell products, and casualty insurance firms will find this treatise a crucial resource in formulating litigation strategies. Its clear and fact-based approach makes it a valuable addition to court libraries, law school libraries, and courses in torts and products liability.
Practically organized and clearly written, the treatise provides detailed descriptions of case law governing:
• what constitutes a product
• a general definition of products, followed by an in-depth examination of various types of product defects
• firms in the chain of distribution that can be liable for a product defect
• who in the consumer chain can make a claim for damages
• defenses involving consumer conduct
• general principles of proof and causation applicable to this area of law
• punitive damages
• the procedural and remedial concepts that surround the substantive law.
Trial lawyers in products liability cases, corporate counsel for firms that manufacture or sell products, and casualty insurance firms will find this treatise a crucial resource in formulating litigation strategies. Its clear and fact-based approach makes it a valuable addition to court libraries, law school libraries, and courses in torts and products liability.
Contents
Contents: VOLUME 1 PART I THEORIES OF LIABILITY 1. Representational Backgrounds 2. The Culpability Spectrum on Representations 3. Express Warranty 4. Tort Theory of Non-Fault Misrepresentation 5. Negligence and Intentional Torts 6. Implied Warranty 7. Strict Liability PART II THE DEFECT 8. General Definitions of Defect 9. Design Defects 10. State of The Art 11. Sources of Standards for Product Design and Performance VOLUME II PART III ECONOMIC RELATIONSHIPS IN PRODUCTS LIABILITY 12. Roles of Sellers and Providers 13. Successor Corporations 14. Adjusting Liabilities Among Distributors: Contribution, Indemnity, and Comparative Apportionment 15. The Role of Workers'' Compensation 16. The Consumer Chain PART IV RISK ALLOCATION THROUGH BARGAINING AND PROVISION OF INFORMATION 17. Disclaimers 18. Used Products 19. Duty To Warn 20. Contributory Negligence and Assumption of Risk VOLUME III PART V CONSUMER CONDUCT 21. Misuse 22. Comparative Doctrines: Fault, Causation, and Liability PART VI PROBLEMS OF PROOF AND CAUSATION 23. General Legal Principles of Proof and Causation 24. Res Ipsa Loquitur and Related Doctrines of Inference 25. Remedial Changes VOLUME IV PART VII SPECIAL PROBLEMS OF CHARACTERIZATION 26. Theories of Liability in Conflict 27. The Economic Loss Problem 28. Characterization and Statutes of Limitations PART VIII REMEDIES AND PROCEDURES 29. Punitive Damages 30. Statutes of Limitations and Repose 31. Jurisdiction and Procedure PART IX GENERAL LEGAL ISSUES 32. Extended Consequences: Duty and Proximate Cause PART X LEGISLATION 33. State Statutes PART XI COMPARING PRODUCTS LIABILITY: CONCEPTS IN EUROPEAN AND AMERICAN LAW E1 Overview E2
Products and Consumers E3 Producers E4 Damages E5 Theory of Liability: Strict Liability E6 Defect E7 Warnings E8 Defenses E9 Proof E10 Apportionment of Liabilities E11 Repose and Limitations E12 Contracting Out: Prohibition of Exclusions E13 Remedies E14 Assessment Index
Products and Consumers E3 Producers E4 Damages E5 Theory of Liability: Strict Liability E6 Defect E7 Warnings E8 Defenses E9 Proof E10 Apportionment of Liabilities E11 Repose and Limitations E12 Contracting Out: Prohibition of Exclusions E13 Remedies E14 Assessment Index
