Hamelin v. Simpson Paper (Vermont) Co.

I respectfully dissent. Although I agree that parties may contract to allocate liability and require indemnification for loss, I believe the contract between Vescom Corporation and Simpson Paper Company did not justify holding Vescom liable in this instance.

Two important principles underlying tort liability are: (1) a party that causes loss should be held responsible for the damage therefrom, and (2) holding the responsible party hable serves as an incentive to prevent future occurrences of similar harm. See W. Keeton, et al., Prosser and Keeton on the Law of Torts § 4, at 22, 25 (5th ed.…