Open AccessManufacturer's Liability
Author(s) -
A. R. Thompson
Publication year - 1970
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1856
Subject(s) - tort , liability , position (finance) , law , business , relation (database) , collateral , strict liability , law and economics , distributive property , subject (documents) , economics , political science , finance , mathematics , database , library science , computer science , pure mathematics
Professor Thompson discusses the need for viable classification system for manufacturer's liability to facilitate the lawyer's keeping abreast of modern developments in this area of the law. The subject is analyzed by examining the distance the final purchaser in the distributive chain is from the manufacturer; the problems the purchaser encounters in relation to the goods themselves, and certain collateral matters; what the purchaser desires as his remedy; and what remedy is actually available in either contract or tort; and the effect of exclusion clauses on the remedies available to the purchaser. The article examines the case authorities and Professor Thompson shows how contract and tort re quirements are merging into new field of manufacturer's liability. The article concludes that the consumer is in good position with regard to the doctrinal aspects of the law in this area, that lawyers and judges are playing dynamic role in modernizing the law through the cases, but that law reform is still necessary on the procedural and institutional side.