Uniform Federal Product Liability Law: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Second Congress, Second Session on S. 640, a Bill to Regulate Interstate Commerce by Providing for a Uniform Product Liability Law, and for Other Purposes, August 5, 1992, Հատոր 4U.S. Government Printing Office, 1993 - 302 էջ |
Այլ խմբագրություններ - View all
Common terms and phrases
111 SUPREME COURT Alabama alternative dispute resolution American amount apply asbestos award of punitive Bendectin bill breast implants caused civil action civil justice claimant claims clear and convincing Committee common-law compensation compensatory damages constitutional consumers Consumers Union costs Dalkon Shield defective defendant defendant's discretion drug Due Process Clause employer evidence federal courts federal product liability Federal question jurisdiction Finley Fourteenth Amendment Galanter harm imposed injury issue Judge judicial Judiciary jury L.Ed Law School lawsuits lawyers legislation Liability Fairness Act Lipsen Pacific Mutual parties percent person plaintiff problem procedures Product Liability Fairness product liability law product liability litigation product liability system product seller Professor provisions punishment punitive dam punitive damages award question reasonable responsible Ruffin rule S.Ct safety Senator GRASSLEY Senator HEFLIN Senator THURMOND settlement standards statute of repose tion tive damages tort law tort system trial court uniform product liability verdict victims workers
Սիրված հատվածներ
Էջ 20 - 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...
Էջ 201 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
Էջ 204 - The law is perfectly well settled that the first ten amendments to the Constitution, commonly known as the Bill of Rights, were not intended to lay down any novel principles of government, but simply to embody certain guaranties and immunities which we had inherited from our English ancestors, and which had from time immemorial been subject to certain well-recognized exceptions arising from the necessities of the case.
Էջ 201 - To what principles, then, are we to resort to ascertain whether this process, enacted by Congress, is due process? To this the answer must be twofold. We must examine the Constitution itself to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes...
Էջ 202 - ... been immemorially the actual law of the land, and, therefore, is due process of law. But to hold that such a characteristic is essential to due process of law, would be to deny every quality of the law but its age, and to render it incapable of progress or improvement. It would be to stamp upon our jurisprudence the unchangeableness attributed to the laws of the Medes and Persians.
Էջ 20 - ... (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Էջ 201 - ... pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Էջ 202 - The real syllabus of the passage quoted is, that a process of law, which is not otherwise forbidden, must be taken to be due process of law, if it can show the sanction of settled usage both in England and in this country ; but it by no means follows, that nothing else can be due process of law.
Էջ 201 - And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Էջ 20 - § 402A. Special Liability of Seller of Product for Physical Harm to User or Consumer (1) One who sells any product in a defective condition unreasonably dangerous to the user or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if...