Manufacturer's Liability
DOI:
https://doi.org/10.29173/alr1856Abstract
Professor Thompson discusses the need for viable classification system for manufacturer's liability to facilitate the lawyer's keeping abreast of modern developments in this area of the law. The subject is analyzed by examining the distance the final purchaser in the distributive chain is from the manufacturer; the problems the purchaser encounters in relation to the goods themselves, and certain collateral matters; what the purchaser desires as his remedy; and what remedy is actually available in either contract or tort; and the effect of exclusion clauses on the remedies available to the purchaser. The article examines the case authorities and Professor Thompson shows how contract and tort re quirements are merging into new field of manufacturer's liability. The article concludes that the consumer is in good position with regard to the doctrinal aspects of the law in this area, that lawyers and judges are playing dynamic role in modernizing the law through the cases, but that law reform is still necessary on the procedural and institutional side.Downloads
Published
Issue
Section
License
For Editions following and including Volume 61 No. 1, the following applies.
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
For Editions prior to Volume 61 No. 1, the following applies.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.