"Waive" Goodbye to Tort Liability: A Proposal to Remove Paternalism from Product Sales Transactions

Ausness, Richard C

Journal: San Diego Law Review

Volume: 37

Year: 2000

Bluebook Citation: 37 SAN DIEGO L. REV. (2000)

Author: Richard C. Ausness: all 39 publications


Abstract

This Article argues that waivers of tort liability should be permitted in connection with product sales. Currently, sellers cannot limit their liability under tort law for personal injuries caused by defective products even though such waivers are allowed, albeit reluctantly, under principles of negligence and warranty law.

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