Legal Opinion
Pennsylvania Glass Sand Corporation v. Caterpillar Tractor Company
Court of Appeals for the Third Circuit
Decided July 24, 1981No. 80-2389PublishedCited by 287 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
In litigation involving an alleged defective product, the tort theory of products liability, derived from § 402A of the Restatement (2d) of Torts, often overlaps with the contract theory of warranties, embodied in §§ 2-314 and 2-315 of the Uniform Commercial Code. This appeal presents the question of which types of defects or injuries are to be committed to the principles and policies of tort law, and which are to be relegated to the realm of contract. Since both parties agree that Pennsylvania law governs this diversity suit, we must consider whether…
2Cases cited44 opinions
- Suvada v. White Motor Co.Illinois Supreme Court · 1965
- Seely v. White Motor Co.California Supreme Court · 1965
- Webb v. ZernSupreme Court of Pennsylvania · 1966
- Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical CorporationCourt of Appeals for the Third Circuit · 1980
- Santor v. a & M KARAGHEUSIAN, INC.Supreme Court of New Jersey · 1965
39 more not listed; retrieve them via the Exa API.
3Cited by287 opinions
- East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
- Moorman Manufacturing Co. v. National Tank Co.Illinois Supreme Court · 1982
- Harsco Corp. v. Lucjan ZlotnickiCourt of Appeals for the Third Circuit · 1986
- Board of Education v. A, C and S, Inc.Illinois Supreme Court · 1989
- Robertson v. Allied Signal, Inc.Court of Appeals for the Third Circuit · 1990
282 more not listed; retrieve them via the Exa API.