Citation

Speidel RE. Va. Law Rev. 1965; 51(5): 804-852.

Copyright

(Copyright © 1965, Virginia Law Review Association)

DOI

10.2307/1071508

PMID

unavailable

Abstract

The choice in favor of "strict products liability" has already been made, amidst a clamor of commentary, in many jurisdictions across the country. Even after the initial choice is made, however, there remain many questions which demand attention: which defendants exactly may be liable to which plaintiffs, and for just what sort of defect? The author considers what the answers to these and other questions are or will be under the two principal approaches to products liability, the approach of the Restatement of Torts, Second, and the Virginia approach, which sets products liability problems in the context of the Uniform Commercial Code provisions on warranties. The author finds that the results under the two approaches will differ less than might be expected, and he concludes that the Virginia approach is preferable, chiefly because of the freedom, suitably limited, which it allows the parties to modify or exclude warranties or remedies by contract.