What is the BrightLine Rule?
RESEARCHER
What is the BrightLine Rule?
Fri Dec 5 17:05:56 2003
64.140.158.189


Searched the web for What is the BrightLine Rule. Results 1 - 10 of about 563


ii. Minority Rule: use normal negligence analysis with foreseeability of pl and damage, proximate cause, intervening cause, etc.

1. Policies

a. Fairness: more fair to the innocent def

b. Brightline: no exceptions needed to the brightline rule

2. This rule allows more cases to get to jury and results in more liability
http://www.geocities.com/cnowlen/Cathy/torts2.htm

Products Liability

a. Only applies to products, not services

b. Old law

i. Pl injured by a product could only bring case in negligence

ii. The manufacturer only owed a duty to the retailer, with whom it had privity

iii. Rationale

1. Ease of administration: brightline rule makes enforcement easy

2. Allows parties to privately negotiate standards of safety

3. Places incentives on consumers to inspect property and make sure it is reasonably safe

iv. Reason for departure

1. Deterrence: economic incentive for manufacturer to exercise reasonable care

2. Efficiency: do not want dangerous things to be cheap – increase costs of doing business, increase price of product, and lower demand for dangerous things

3. Insurance: manufacturer in a better position to take the loss

4. Fairness: consumer cannot protect self
http://www.geocities.com/cnowlen/Cathy/torts2.htm

WHAT IS THE BRIGHTLINE RULE?

Department of Regulation & Licensing - Reports of Decisions - ...
... In its decision on appeal, dated May 18, 2001, the circuit court noted that "the
Medical Examining Board does not have a 'brightline rule' prohibiting sexual ...
http://www.drl.state.wi.us/Regulation/html/0403020.htm

Mount Graham Desecration Continues: Judge Rules Against Apaches
... to the claim. Now, there is no brightline rule for when a claimant
has excessively delayed in bringing a claim. But in his second ...
http://www.yeoldeconsciousnessshoppe.com/art75.html

Tinker
... Each of the cases seems rightly decided: the problem lies in finding
a brightline rule of decision applicable to future cases. Tinker ...
http://www.rnoon.com/lawlaymen/education/tinker.html

SUPREME COURT OF THE UNITED STATES
File Format: Corel WordPerfect 5.1 - View as HTML
... approach, which recognizes the variety of interests that may arise in independent
contractor cases, is superior to a brightline rule distinguishing independent ...
supct.law.cornell.edu/supct/word-perfect/94-1654.ZO

 


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