Access the full text.
Sign up today, get DeepDyve free for 14 days.
Loading next page...
/lp/de-gruyter/is-macpherson-a-legacy-of-civilian-views-b1dUpTvM2O
References
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
- Publisher
- de Gruyter
- Copyright
- Copyright © 2016 by the
- ISSN
- 2194-6515
- eISSN
- 1932-9148
- DOI
- 10.1515/jtl-2016-0008
- Publisher site
- See Article on Publisher Site
Abstract
Abstract MacPherson liberated the common law of negligence in the United States from its traditional constraints and helped better protect victims of defective products regardless of privity of contract. It made its way to other common law jurisdictions—United Kingdom and Australia—where the same result was achieved. MacPherson , however, never made its way to the civil law world—France and Germany—because these jurisdictions did not need it, given that privity of contract was never an obstacle there. The courts upheld products liability suits in the late nineteenth century on the basis of presumed negligence or even strict liability, thus going even beyond what MacPherson achieved.
Journal
Journal of Tort Law – de Gruyter
Published: Aug 1, 2016