Open AccessA Managerial Guide to Products Liability: A Primer on the Law in the United States—PART II A Focus on Theories of Recovery
Author(s) -
Jr. Richard J. Hunter,
Henry J. Amoroso,
John H. Shan
Publication year - 2012
Publication title -
international journal of learning and development
Language(s) - English
Resource type - Journals
ISSN - 2164-4063
DOI - 10.5296/ijld.v2i3.1777
Subject(s) - misrepresentation , liability , warranty , tort , context (archaeology) , strict liability , product liability , focus (optics) , law and economics , element (criminal law) , business , law , sociology , political science , paleontology , physics , optics , biology
Abstract In Part II, the authors build on Part I of this study and here focus on the theories implicit in a product liability claim: negligence, fraud and misrepresentation, and warranty—with a focus on their inherent weaknesses—leading to the creation of the now preferred theory of strict liability in tort. The context of Part II is on the common cases that provided the theoretical basis for the underlying theories, as well as to the development of strict liability. Key words: Theories of liability, negligence, warranty, fraud, strict liability