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In Judge Hand's formulation, liability depends upon whether B is less than L multiplied by P (viz., whether B < P*L). U.S. Court of Appeals, 2nd Circuit. 159 F.2d 169. Vaughan v. Menlove, 132 Eng. Rep.490 (C.P. 1837): An important case in the definition of a reasonable person standard in which a man negligently stacks hay that catches fire.
In a 4-3 majority decision by Associate Justice Stanley Mosk, the court decided to impose a new kind of liability, known as market share liability.The doctrine evolved from a line of negligence and strict products liability opinions (most of which had been decided by the Supreme Court of California) that were being adopted as the majority rule in many U.S. states.
The court rejected a number of arguments made by Indiana Harbor Belt Railroad as to why strict liability should be applied in this case. Indiana Harbor Belt Railroad argued that the potentially calamitous nature of a chemical spill meant that strict liability should be imposed on shippers shipping hazardous chemicals.
In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous. [8]
Justice Roger Traynor concurred in the judgment but argued that instead of deciding the case on grounds of negligence, a rule of strict liability should be imposed on manufacturers whose products cause injury to consumers. Basing his reasoning heavily on earlier cases (especially MacPherson v.
The extent of liability in such cases is defined by the Title on Compensatory Relief. [ 1 ] [ 2 ] The plain meaning of section 1714 was quite clear, but the court concluded that the California State Legislature had not meant to stop the evolution of the common law, which is quite normal in state tort law, but rather only to clarify the law that ...
Pound took no part in the consideration or decision of the case. Buick Motor Co. , 217 N.Y. 382, 111 N.E. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo that removed the requirement of privity of contract for duty in negligence actions.
William O. Douglas, on the other hand, felt that libel laws were too strict even as it was, and that leaving liability standards for private figures up to the states was too capricious: This of course leaves the simple negligence standard as an option with the jury free to impose damages upon a finding that the publisher failed to act as "a ...