Issues
Bills & Votes
Budget & Taxes
Capitol News
Education
Labor
Legal Foundation
Right-to-Work
CapCon
MCLF
Votes
Databases
School
Labor
Tax Breaks
Share
Twitter
Facebook
Email
Mobile
RSS
Home
Publications
Videos
Blog
Studies
More …
Events
Press Room
Site Map
About Us
Purpose
Contact
Personnel
Directions
Employment
More …
Contribute
Study
IV. The Judicial Revolution in Tort Law
By
Bradley A. Smith
, published on Jan. 1, 1989
Contents
Causation and the Insurance Rationale
Contract and the Endless Warranty
1. Contract and Tort
2. The Abolition of Privity
3. Implied Warranty
Products Liability in Michigan – The Insurance Rationale Revisited
Joint Tort-Feasors and Risk Prediction
Erosion of Affirmative Defenses
1. Contributory Negligence
2. Product Misuse
3. Assumption of Risk
4. The Use of Independent Standards
Damages For All
Summary – What Hath the Courts Wraught...?
...And Who Pays?
Tort Law and the Products Liability Insurance Crisis
Executive Summary
I. Introduction
II. Theories of the Crisis
III. How Insurance Markets Work
IV. The Judicial Revolution in Tort Law
Causation and the Insurance Rationale
Contract and the Endless Warranty
Products Liability in Michigan – The Insurance Rationale Revisited
Joint Tort-Feasors and Risk Prediction
Erosion of Affirmative Defenses
Damages For All
Summary – What Hath the Courts Wraught...?
...And Who Pays?
V. Torts and Insurance – Saving the System
VI. Conclusion
VII. Endnotes
About the Author
More by Bradley A. Smith
No Money Where Your Mouth Is
The Limits of Compulsory Professionalism: Does a Unified Bar Make Sense for Michigan?
Also Available As
pdf
Tools
Email
Print
Order
Share
More …
