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Author: Mark Geistfeld Publisher: Aspen Publishing ISBN: 145482137X Category : Law Languages : en Pages : 1176
Book Description
Mark Geistfeld, the author of the leading textbook on products liability, an important text on tort law and dozens of scholarly articles, has class-tested the material in Products Liability Law for more than five years at NYU. He has made the study of products liability an advanced torts class that cements knowledge of fundamental tort principles while developing both specialized expertise and a deeper understanding of the torts process. Illuminating textual discussion follows a wide range of riveting cases. Unlike many casebooks that simply pose the question, Products Liability Law provides the analyses needed to address each challenging problem. Unifying the two competing conceptions of products liability, students become familiar with both approaches and develop a balanced perspective. Features: Stellar authorship: Mark Geistfeld leading textbook on products liability important tort law textbook dozens of scholarly articles. Classroom-tested for five years Makes the study of products liability an advanced tortsclass cements knowledge of fundamental tort principles develops both specialized expertise and a deeper understanding of the torts process Wide range of interesting cases followed by extended textual discussion Provides analysis needed to address challenging questions, missing from most casebooks Unifies the two competing conceptions of products liability
Author: Mark Geistfeld Publisher: Aspen Publishing ISBN: 145482137X Category : Law Languages : en Pages : 1176
Book Description
Mark Geistfeld, the author of the leading textbook on products liability, an important text on tort law and dozens of scholarly articles, has class-tested the material in Products Liability Law for more than five years at NYU. He has made the study of products liability an advanced torts class that cements knowledge of fundamental tort principles while developing both specialized expertise and a deeper understanding of the torts process. Illuminating textual discussion follows a wide range of riveting cases. Unlike many casebooks that simply pose the question, Products Liability Law provides the analyses needed to address each challenging problem. Unifying the two competing conceptions of products liability, students become familiar with both approaches and develop a balanced perspective. Features: Stellar authorship: Mark Geistfeld leading textbook on products liability important tort law textbook dozens of scholarly articles. Classroom-tested for five years Makes the study of products liability an advanced tortsclass cements knowledge of fundamental tort principles develops both specialized expertise and a deeper understanding of the torts process Wide range of interesting cases followed by extended textual discussion Provides analysis needed to address challenging questions, missing from most casebooks Unifies the two competing conceptions of products liability
Author: Tim Kaye Publisher: ISBN: 9781594608421 Category : Products liability Languages : en Pages : 0
Book Description
Products liability law is often confusing because it is in a state of constant flux as it confronts a number of challenges. Some such challenges are well known, such as the battle over the comparative merits of the Second and Third Restatements of Torts. Other, equally important challenges have, however, been overlooked by other texts, such as the growing use of bankruptcy protection laws to limit the consequences of supplying defective products (as in the recent bailout-supported cases of General Motors and Chrysler), and this book sets out to rectify such omissions. While other books leave the reader to sink or swim in a swamp of apparently contradictory doctrine, Products Liability Law: Cases, Commentary, and Conundra lays out from the beginning the five elements common to all products liability claims. It then builds on this foundation by tackling each new area of the law in a lucid and reader-friendly manner, while explaining how each doctrine relates to the politico-economic and historical context in which the law operates. Supplementing the text with numerous original flowcharts, tables, and other diagrams--as well as asking thoughtful questions along the way--this book charts a careful and comprehensible course through the often tempestuous battleground of products liability law.
Author: David G. Owen Publisher: West Academic Publishing ISBN: 9780314170859 Category : Products liability Languages : en Pages : 0
Book Description
This edition of Professor Owen's classic treatise refines and updates the first edition's acclaimed examination of products liability law and theory in action. Topics include introductory discussions of the nature and history of this field of law in America and abroad; detailed treatments of theories of liability, product defectiveness, causation, defenses, and proof; considerations of various special types of litigation; and punitive damages. Throughout, the treatise explores the underlying tensions and policies in this area of law and explains the impact of the Restatement of the Law of Torts, Third: Products Liability.
Author: Mark Geistfeld Publisher: Foundation Press ISBN: 9781599419145 Category : Consumer satisfaction Languages : en Pages : 0
Book Description
The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.
Author: Duncan Fairgrieve Publisher: Oxford University Press ISBN: 0191669954 Category : Law Languages : en Pages : 1112
Book Description
Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.
Author: Jerry J. Phillips Publisher: MICHIE ISBN: Category : Law Languages : en Pages : 544
Book Description
Focus the expertise & practical advice of Products Liability, Second Edition on your next trial. This invaluable courtroom aid puts at your fingertips all the information you need to organize a powerful products liability case. Citing extensive trial & appellate case law, this volume gives the practicing attorney the latest developments for attacking or defending with greater precision & effect. Products Liability challenges hidebound interpretations & finds new approaches to dogmatic rules (such as unforseeable misuse, contributory illegality, etc.). This treatise will ignite your imagination to use these rules to create opportunities, not limit your options.
Author: Mark Geistfeld Publisher: Aspen Publishing ISBN: 1543820670 Category : Law Languages : en Pages : 800
Book Description
Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.