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The stunning rise of enterprise liability theory and its swift acceptance and implementation in the 1960's was one of the most dramatic revolutions in the history of Anglo-American law.' The traditional pantheon of enterprise liability theorists includes such academic and judicial luminaries as Fleming James, Friedrich Kessler,' William Prosser,$ Benjamin Cardozo, and Roger Traynor.' Yet, while the rich and varied contributions of these judges and legal academics were of doubtless importance, one equally influential individual has too frequently been overlooked: Karl N. Llewellyn. As a prominent figure in the revolution of legal realism and an established expert on warranties and sales, Llewellyn made some early forays into the discussion of quality of goods law that were of lasting value and insight for later enterprise liability theorists. These insights were notable for elevating to importance such key concepts as social insurance and the inadequacy of the warranty regime and for influencing enterprise liability proponents to come. While Llewellyn ceased writing in the area more than twenty years before its triumph, his impact can be seen in the writings of James, Kessler, and Prosser, and in the judicial opinions most significant to the implementation of the enterprise liability regime.

Karl Llewellyn and the Intellectual Foundations of Enterprise Liability Theory