Impact on product liability: hearings before the Select Committee on Small Business, United States Senate, Ninety-fourth Congress, second session ...

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Seite 568 - Consumer. (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. (2) The rule stated in Subsection (1) applies although (a) the...
Seite 404 - Property and law are born together, and die together. Before laws were made there was no property; take away laws, and property ceases.
Seite 50 - The liability of an employer prescribed in section 4 shall be exclusive and in place of all other liability of such employer to the employee...
Seite 52 - ... public policy demands that the burden of accidental injuries caused by products intended for consumption be placed upon those who market them, and be treated as a cost of production against which liability insurance can be obtained; and that the consumer of such products is entitled to the maximum of protection at the hands of someone, and the proper persons to afford it are those who market the products.
Seite 413 - I seriously believe that unsupported they will serve merely as counsels of moderation. I do not think that anyone can say what will be left of those principles ; I do not know whether they will serve only as counsels ; but this much I think I do know that a society so riven that the spirit of moderation is gone, no court can save ; that a society where that spirit flourishes, no court need save ; that in a society which evades its responsibility by trusting upon courts the nurture of that spirit,...
Seite 497 - ... in the only position) to prevent the accident from occurring. For example, it is the employer who has control over the equipment, its maintenance, and...
Seite 413 - You may ask what then will become of the fundamental principles of equity and fair play which our constitutions enshrine; and whether I seriously believe that unsupportec they will serve merely as counsels of moderation. I do not think that anyone can say what will be left of those principles; I do not know whether they will serve only as counsels; but this much I think I do know — that a society so riven that the spirit of moderation is gone...
Seite 490 - Good morning. My name is James H. Mack, I am Public Affairs Director of the National Machine Tool Builders...
Seite 413 - I do not know whether they will serve only as counsels; but this much I think I do know— that a society so riven that the spirit of moderation is gone, no court can save; that a society where that spirit flourishes, no court need save; that in a society which evades its responsibility by thrusting upon the courts the nurture of that spirit, that spirit in the end will perish.
Seite 393 - ... a risk of loss through the destruction or impairment of that interest by the happening of designated perils ; (c) the insurer assumes that risk of loss: (d) such assumption is part of a general scheme to distribute actual losses among a large group of persons bearing similar risks.

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