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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 from
Bradley A. Smith
No Money Where Your Mouth Is
The Limits of Compulsory Professionalism: Does a Unified Bar Make Sense for Michigan?
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