Wading through the Muddle of Risk-utility Analysis
نویسنده
چکیده
Introduction ................................................ 573 I. Wade's Seven Factors for Assessing Product Defects ... 578 A. W ade's Analysis ................................... 580 B. Reorganization of the Factors ...................... 580 C. Assessment of the First Six Factors ................ 581 D. The Producer as Insurer .......................... 584 II. Alternative Risk-Utility Measures ....................... 591 A. Purchaser's Risk-Utility Test ....................... 591 B. Private Risk-Utility Test ........................... 595 C. Social Risk-Utility Test ............................ 596 D. Comparison with a Negligence Standard ........... 597 III. Three Liability Contexts of Risk-Utility Analysis ........ 598 A. Product Design Defect Tests: Towards Recognition of the Producer ................................... 598 1. Application of the product defect test .......... 598 2. An example .................................... 599 3. The components of a design defect test ........ 600 B. Assessment of Hazard Warnings ................... 601 C. Threshold Decision of Marketability ............... 605 IV. Informational Requirements and Institutional Responsibilities ........................................ 609 Conclusion ................................................. 613
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