Compensation

Compensation in United States Compensation Definition (Lat. compendere, to balance). Indemnification ; recompense. Something to be done for or paid to another of equal value with something of which he has been deprived by the act or negligence of the party so doing or pajring. That which […]

Products Liability

Products Liability in United States That field of law which addresses defective products. A defective product gives rise to a presumption of negligence and the plaintiff may have a cause of action against the producer as well as against the seller and possibly even against intermediaries in […]

Dual Agency

Dual Agency (Duties ) This section introduces, discusses and describes the basics of dual agency. Then, cross references and a brief overview about Duties is provided. Finally, the subject of Agency Relationships in relation with dual agency is examined. Note that a list of cross references, […]

Third Parties

Third Parties in United States Third Parties Definition in Contract Law A term used to include all persons who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. (…). But it is difficult to give a […]

Warranties

Warranties in the United States Article 2 of the UCC contains several warranty provisions (including Implied Warranty and Express Warranty), though these are not related specifically to products liability. Thus, under UCC, Section 2-312, unless explicitly excluded, the seller warrants he is […]

Strict Liability

Strict Liability in the United States Strict Liability in Environmental Law A standard used to determine whether a particular action or connection with an activity should be the primary basis for holding the actor responsible for damages caused by the activity. The concept does not require […]

Negligence Theory

Negligence Theory in the United States Negligence is a second possible cause of action for products-liability claimants. A main advantage is that no issues of privity are relevant, but there are often problems of proof; there are a number of robust common-law defenses, and federal preemption […]

Negligence Claims

Negligence Claims in the United States Typical Negligence Claims: Design Defects and Inadequate Warnings Negligence theory in products liability (see more here) is most useful to analyze in two following types of legal issues: defective design and defective warnings. Design Defects […]

Privity of contract

Privity of contract in United States At common law for tort or contractual liability to flow there was a requirement of privity, i.e. direct negotiation, between the victim and tort feasor. Thus a manufacturer would not have been liable for a defective good. This rule has changed in late […]