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West® understands that, over time, teaching and learning methods change. Concise Hornbooks have been developed specifically to provide for the needs of today's law student. The series features concise analyses of basic areas of law by prominent legal scholars. Concise Hornbooks meet the academic standards you have come to expect from West. They are lightly footnoted and focus on core principles and concepts a student must master to gain a fundamental understanding of the subject matter. Conveniently sized to fit into a backpack or briefcase, yet expertly written to provide comprehensive coverage of the most crucial issues in a course, the Concise Hornbook is the essential companion to your law school career. Book jacket.

Tabla de contenidos provista por Syndetics

• Preface(p. v)
• Introduction(p. 1)
• Part 1 History and Basic Structure of Products Liability Law
• Chapter 1 Julian Felipe's Case(p. 10)
• Chapter 2 From Old to New: A Primer on the Rise of Products Liability(p. 12)
• 1 Introduction(p. 12)
• 2 Seminal Early Cases(p. 18)
• A Winterbottom v. Wright(p. 18)
• B Thomas v. Winchester(p. 19)
• C MacPherson v. Buick(p. 19)
• 3 Eliminating Privity: From Implied Warranty to Strict Liability(p. 21)
• A Implied Warranty and Tort Liability(p. 21)
• B The Road to Strict Liability(p. 23)
• C How "Strict" Is Strict Liability?(p. 26)
• Chapter 3 Threshold Issues for Modern Products Liability(p. 30)
• 1 What Is the "Sale of a Product?"(p. 30)
• 2 Safety v. Insurance: Justice Traynor's Reasons for Enacting Strict Liability(p. 34)
• Chapter 4 "Non-Strict" Theories of Products Liability(p. 40)
• 1 Negligence(p. 40)
• A Salient Characteristics of a Negligence Suit(p. 42)
• 2 Tortious Misrepresentation(p. 43)
• A Types of Misrepresentation Suites(p. 43)
• 3 Breach of Warranty(p. 46)
• A Express Warranty(p. 46)
• B Implied Warranty of Merchantability(p. 48)
• C Implied Warranty of Fitness for a Particular Purpose(p. 50)
• Part 2 Analysis of Products Liability Law
• Chapter 5 "Strict" Liability: Who May Sue Whom?(p. 54)
• 1 Who is Strictly Liable?(p. 54)
• A Component Manufacturers(p. 55)
• B Downstream Sellers(p. 56)
• C Service Providers(p. 57)
• D Owners of Subsidiaries; Successor Corporations(p. 58)
• E Lessors(p. 60)
• F Franchisors and Trademark Licensors(p. 61)
• G Sellers of Used Products(p. 62)
• H Certifiers and Endorsers(p. 64)
• I Workplace Accidents and Products Liability(p. 65)
• 2 Who Can Sue?(p. 70)
• Chapter 6 The Plaintiff's Case: Strict Liability for Manufacturing Defects(p. 72)
• 1 Introduction(p. 72)
• 2 Negligence or Strict Liability?(p. 73)
• A Breakdowns v. Defects v. Negligence(p. 73)
• B Why Must the Defective Product Be "Unreasonably Dangerous?"(p. 76)
• 3 Special Case: Food and Drink and the "Foreign-Natural" Debate(p. 77)
• Chapter 7 The Plaintiff's Case: Strict Liability for Design Defects(p. 81)
• 1 Introduction(p. 81)
• 2 Tests for Design Defect(p. 83)
• A Negligence(p. 83)
• B The Consumer Expectations Test(p. 84)
• C The Risk-Utility Test(p. 87)
• D Two-Pronged Standards(p. 90)
• E The Restatement (Third)'s Design Defect Test(p. 91)
• 3 Proof of Design Defect(p. 92)
• 4 Special Case: Automobiles(p. 95)
• Chapter 8 The Plaintiff's Case: Strict Liability for Informational Defects(p. 104)
• 1 Introduction(p. 104)
• 2 Negligence or Strict Liability?(p. 107)
• A The Never-Before-Seen, Yet Conceivable Risk(p. 108)
• B The Warned-Of but Allegedly Underemphasized Risk(p. 110)
• C Obvious but Infinitesimal Risks(p. 113)
• 3 The How, Who and When of Warnings(p. 117)
• A How(p. 117)
• B Who(p. 118)
• 3 The How, Who and When of Warnings-Continued
• C When(p. 120)
• 4 Special Case: Prescription Drugs(p. 121)
• A General Principles(p. 121)
• B The Impact of Mass Marketing of Prescription Drugs(p. 125)
• C National Childhood Vaccine Injury Act ("NCVIA")(p. 126)
• Chapter 9 The Plaintiff's Case: Causation(p. 128)
• 1 Introduction(p. 128)
• 2 Cause in Fact (Necessary Condition)(p. 129)
• A Whodunit?(p. 129)
• B Why did it Happen?(p. 131)
• C When did the Defect get Introduced?(p. 136)
• D "Substantial Factor" Cause-in-fact(p. 137)
• 3 Proximate Causation(p. 138)
• A Introduction(p. 138)
• B Product Danger X, Harm Y(p. 140)
• C Superseding ("Intervening") Causes(p. 142)
• Chapter 10 The Defendant's Case: Affirmative Defenses to Defectiveness Claims(p. 146)
• 1 Introduction(p. 146)
• 2 The Injured User (or Her Employer) Chose to Use the Product in a Dangerous Way(p. 146)
• A The Product Was Misused(p. 146)
• B The Product Was Obviously Dangerous(p. 150)
• C The Product Was Inherently Dangerous(p. 151)
• D The Product Was Altered(p. 154)
• E The Product Was "Made to Order"(p. 155)
• 3 Too Much Time Has Passed to Hold Defendant Liable(p. 157)
• A The Product's Useful Life had Expired(p. 157)
• B The Harm was Intergenerational (Not Caused to the User)(p. 161)
• C The Legislature has said it's too Late to Sue(p. 162)
• 4 "State of the Art" Defense (The Product was as Safe as it could be)(p. 164)
• A General Comments(p. 164)
• B "State of the Art" and Informational Defects(p. 167)
• C "State of the Art" and Design Defect(p. 169)
• D "State of the Art" and Post-Sale Duties(p. 172)
• 5 Regulatory Preemption Defense (The Product Was as Safe as the Government Said it had to be)(p. 175)
• A The Problem(p. 175)
• B The Supreme Court's "Solution"(p. 178)
• 6 The Standards Defense (Our Product was as Safe as Our Competitors' Product)(p. 185)
• Chapter 11 The Defendant's Case: Causation and Other Peoples' Behavior(p. 187)
• 1 Introduction(p. 187)
• 2 Contributory Negligence(p. 188)
• 3 Comparative Negligence(p. 190)
• A General Remarks(p. 190)
• B Complicating Factor: Multiple Defendants(p. 194)
• 4 Assumption of Risk(p. 197)
• 5 "Last Clear Chance"(p. 198)
• Chapter 12 The Defendant's Case: Other Affirmative Defenses(p. 200)
• 1 "I Made It, But Someone Else Designed it."(p. 200)
• A Contracts Specification Defense(p. 201)
• B Government Contractor Defense(p. 203)
• 2 "It Wouldn't have made a Differences if I had Warned you."(p. 204)
• A Plaintiff did not Read the (Allegedly Inadequate) Warning that was Given, and therefore would not have Read the Warning she Claims should have been given(p. 205)
• B A Third Party Warned the Victim, So the Lack of Warning on the Product was of no Consequence(p. 210)
• C A Learned Intermediary Knew of the Risk, Despite the Lack of Warning, and the Intermediary Failed to Warn the Victim; or the Intermediary Ignored the Inadequate Warning and would have Ignored an Adequate One(p. 211)
• D The Circumstances of the Injury make it Virtually Impossible that a Warning, had it been given, would have been Heeded(p. 211)
• 3 "We Agreed I wouldn't be Liable for this."(p. 212)
• 4 "You're Paid to Face these Dangers."(p. 216)
• Chapter 13 Damages(p. 218)
• 1 Introduction: Additional Facts About Julian Felipe's Case(p. 218)
• 2 Compensatory Damages for Personal Injury and Death(p. 220)
• A Wage Loss(p. 220)
• B Pain and Suffering(p. 221)
• C Fear of Future Injury and Medical Monitoring(p. 224)
• D Wrongful death(p. 226)
• 3 Other Compensatory Damages(p. 227)
• A Economic Damage to Tangible Property (Other than to the Product Itself)(p. 227)
• B "Pure" Economic Loss(p. 227)
• 3 Other Compensatory Damages-Continued
• C Additional Compensatory Damages in Case of Alleged Fraud(p. 231)
• 4 Punitive Damages(p. 232)
• Part 3 Special Situations and Proposed Alternatives to Products Liability Law
• Chapter 14 Special Types of Product Litigation: Toxic Substances and Class Actions(p. 242)
• 1 Introduction(p. 242)
• 2 Judicial Administration of Toxic Products Cases(p. 246)
• 3 Causation Problems in Toxic Products Cases(p. 249)
• A Plaintiff's Behavior as a Contributing Cause to Toxic Products Liability(p. 253)
• 4 Damages Issues in Toxic Products Claims(p. 254)
• A Potential but Unrealized Disease(p. 254)
• B Property Damage and Loss of Profits(p. 254)
• C Punitive Damages(p. 256)
• Chapter 15 Alternative Approaches to Ensuring Product Safety(p. 258)
• 1 Introduction(p. 258)
• 2 Replacing Products Liability with Contract(p. 258)
• A Libertarian Abolition of Products Liability(p. 258)
• B Free Choice of State Law(p. 259)
• 3 Replacing State Products Liability Law with a National Law(p. 261)
• A Federal Legislation(p. 261)
• B Uniform State Laws of Product Liability(p. 263)
• C Federal Common Law(p. 264)
• 4 International Approaches to Products Liability Law(p. 266)
• 5 Replacing Products Liability with Social Insurance(p. 268)
• Table of Cases(p. 279)
• Index(p. 289)