although england and the united states are both common law states and their legal systems follow the same rules, each has disregarded certain rules and changed them to suit specific circumstances. for instance, they have both disregarded the common law rule on the insertion of exemption conditions by carriers. regarding carrier’s liability towards passengers, the united states accepts the highe...

Software is increasingly used to control systems that can cause harm to the consumer. There is consensus among commentators that many software systems are “products” for purposes of the law of products liability. However, strict products liability in tort has yet to be applied to software products. The day is certainly coming. The Restatement of the Law, Third, Products Liability, explains that...

E xculpatory clauses extinguish or limit liability of a potentially culpable party through the use of disclaimer, assumption of risk and indemnification clauses as well as releases of liability. For decades, Florida courts have wrestled with issues relating to the enforcement of exculpatory clauses where liability arises from personal injury, real estate, construction, and commercial disputes. ...