Product Liability Reform Proposals: Hearings Before the Subcommittee on the Consumer of the Committee on Commerce, Science, and Transportation, United States Senate, Ninety-ninth Congress, Second Session ... May 19 and 20, 1986

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第 139 頁 - ... the diffusion of information and arraignment of all abuses at the bar of the public reason ; freedom of religion, freedom of the press, and freedom of person under the protection of the habeas corpus, and trial by juries impartially selected. These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation.
第 139 頁 - The wisdom of our sages, and blood of our heroes, have been devoted to their attainment. They should be the creed of our political faith — the text of civic instruction — the touchstone by which to try the services of those we trust ; and should we wander from them, in moments of error or alarm, let us hasten to retrace our steps, and to regain the road which alone leads to peace, liberty, and safety.
第 134 頁 - Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
第 132 頁 - Great cases like hard cases make bad law For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment.
第 138 頁 - And however convenient these may appear at first (as doubtless all arbitrary powers, well executed, are the most convenient), yet let it be again remembered, that delays and little inconveniences in the forms of justice, are the price that all free nations must pay for their liberty in more substantial matters...
第 134 頁 - In contracts for provisions, it is always implied that they are wholesome; and if they be not, the same remedy may be had.
第 134 頁 - Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.
第 134 頁 - 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...
第 134 頁 - ... (a) knows or has reason to know that the chattel is or is likely to be dangerous for the use for which it is supplied, and (b) has no reason to believe that those for whose use the chattel is supplied will realize its dangerous condition, and (c) fails to exercise reasonable care to inform them of its dangerous condition or of the facts which make it likely to be dangerous.
第 135 頁 - On whatever theory, the justification for the strict liability has been said to be that the seller, by marketing his product for use and consumption, has undertaken and assumed a special responsibility toward any member of the consuming public who may be injured by it; that the public has the right to and does expect, in the case of products which it needs and for which it is forced to rely upon the seller, that reputable sellers will stand behind their goods; that public policy demands that the...

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