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One area in which those concepts proved appealing in practice was product liability.(9) Historically, product liability was dealt with either as a breach of warranty under contract law or as a tort subject to the negligence standard. Under contract law, recovery in such cases was limited to repair and replacement of the product; under tort law, recovery was limited by the difficulty of proving negligence. In the 1960s, the courts moved rapidly toward a standard of strict liability for defective products; in 1964, that standard was accepted and recommended by the American Law Institute in its second Restatement of the Law volume on torts.
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12. See François J.
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Castaing, "The Effects of Product Liability on Automotive Engineering Practice," in Janet R. Hunziker and Trevor O.
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Class Action Lawsuits and Lawyers

The same data also show that tort cases typically involve individuals suing individuals (42 percent of all torts) or individuals suing businesses (39 percent). 26. Those medians exclude cases with awards of zero. 27.
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C.: National Academy of Social Insurance, July 2003), and CBO's calculation of administrative costs divided by new obligations for the Vaccine Injury Compensation Program Trust Fund, using data from Budget of the United States Government, Fiscal Year 2004: Appendix, p.
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