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Choice of Law$
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Symeon C. Symeonides

Print publication date: 2016

Print ISBN-13: 9780190496722

Published to Oxford Scholarship Online: June 2016

DOI: 10.1093/acprof:oso/9780190496722.001.0001

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Products Liability

Products Liability

(p.273) Nine Products Liability
Choice of Law

Symeon C. Symeonides

Oxford University Press

This chapter reviews the decisions of American courts in resolving product liability conflicts over the last 25 years. It classifies cases into fact-law patterns depending on the parties’ contacts with the involved states and the content of their respective laws, and examines the results courts reached in each pattern, regardless of choice-of-law methodology. The chapter concludes that, unlike in other tort conflicts, decisional patterns in product-liability conflicts are not sufficiently uniform to be recast into predictive rules, and that a court’s choice is more likely to be based on the quantity of the involved states’ contacts rather than on other factors, including methodology.

Keywords:   products liability, product liability conflicts, punitive damages, forum shopping, faevor laesi tort conflicts

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