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10 Sep 2010, 8:07 am
Well, eliminating that kind of mutual ignorance is one of the things that this blog’s all about, so we thought we’d take a look at how §2 of the Third Restatement is faring these days.We see three important issues wrapped up in the Third Restatement – these being, (1) risk/utility balancing as the basic means of assessing liability, (2) the requirement of a feasible alternative design, and (3) employment of negligence-based “reasonableness" as the test. [read post]