What is the BrightLine Rule?
Fri Dec 5 17:05:56 2003
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.
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
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
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
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
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
Medical Examining Board does not have a 'brightline rule' prohibiting sexual ...
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 ...
... Each of the cases seems rightly decided: the problem lies in finding
a brightline rule of decision applicable to future cases. Tinker ...
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
contractor cases, is superior to a brightline rule distinguishing independent
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