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Negligence and Compensation Cases Annotated Volume 12

Negligence and Compensation Cases Annotated Volume 12


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...made, and, where the manufacturer knew or should have known that the article would in all probability expose to that danger not only the original purchaser but others, without there being occasion or opportunity for tests that would disclose the dangerous condition, then he became charged with a duty to make the article carefully, not only as to the purchaser, by reason of the contract, but also to those exposed to such danger, irrespective of any contractual relation, and that this same duty rested upon the manufacturer who used products of another manufacturer, as component parts of the former 's finished product, with the additional duty of inspecting the products when it was sold, was a dangerous appliance. The court, in passing upon the sufiiciency of the to the declaration. The defendant demurred declaration, divides the cases which form the exceptions to the general rule into three classes, as follows: "(1) Where the thing causing the injury is of a noxious or dangerous kind; (2) where the defendant has been guilty of fraud or deceit in passing off the thing; (3) where the defendant has been negligent in some respect with reference to the sale or construction of a thing not imminently dangerous. The principle that governs the first class of cases is that one who deals with an imminently dangerous article owes a public duty to all to whom it may come, and whose lives may be endangered thereby, to exercise caution adequate to the peril involved. " A similar principle governs the second class of cases, in which the degree of danger in the thing itself may be less, but where the seller actually knows of the danger in the article and puts it forth by some fraud or deceit. In such cases the breach of-duty grows out of...


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Product Details
  • ISBN-13: 9781130535969
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 608
  • Spine Width: 31 mm
  • Width: 189 mm
  • ISBN-10: 1130535967
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1070 gr


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