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Code in Modern Age

Change & Growth of Codes

  1. Method of Changing Codes
    1. Revising Codes
      1. Netherlands redrafted indiv. bks in steps
      2. Quebec replaced old code in Eng. but w/French concepts
        1. Civil code is foundation of all other law
    2. Auxiliary Stts
      1. Germ. 4 SL stt's 4 auto law
        1. SL & shift fin'al burden 2 drivers who have ins. unless act of God
        2. After P show damage & caused by D shift b/p 2 D 2 show no fault
        3. Limited damages 4 pecuniary loss 4 SL though
    3. Ct dec's
      1. France had ct cases 4 SL until French leg. passed stt.
      2. Cts work w/codes more liberally
  2. Prod. Liab. Issue
    1. US
      1. K & Warranty 1st
        1. Couldn't cov. innocent bystander so switched 2 torts
      2. SL
        1. Resp. 4 phys'al harm / prop., not $ damage
    2. France
      1. 1/2 K & Guaranty +
        1. Auxiliary stt's
        2. If seller not know defect, liab. 4 restitution & cost
        3. If seller knew, all damages 2 buyer
          1. Cour de Cassation said seller "must have known"
      2. 1/2 Torts
        1. Stretched words of custody 2 hold mfgr. liab. 4 defects except of act of God
    3. Germ.
      1. Chicken Pest Case
        1. Rev. b/p 2 mfgr.
        2. Ceiling on damages so no pain & suffering
      2. Prod. liab. into stt.
    4. Euro. Council
      1. Limited liab. 4 SL
      2. Shifted b/p
  3. Frustration of K
    1. Swiss
      1. Dramatic change in circ. + subj. element that party was stupid / inexp. so other party takes adv. 2 find K frustrated
    2. US
      1. Supervening event subst'ly frustrated parties' assumptions w/o parties' fault

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Ms. Haeji Hong

10/26/1997