glossary

divided damages rule

divided-damages rule. Maritime law. The obsolete principle that when two parties are jointly liable to a third party for a tort, each party is liable for only half the damages. • The courts now apply a comparative-negligence standard. [Cases: Collision 143. C.J.S. Collision §§ 242, 245, 259, 261–262.] “For over a hundred years admiralty law

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malfunction theory

malfunction theory. Products-liability law. A principle permitting a products-liability plaintiff to prove that a product was defective by proving that the product malfunctioned, instead of requiring the plaintiff to prove a specific defect. • A plaintiff relying on the malfunction theory usu. must also prove that the product was not misused, and must disprove all

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