Imposition of liability and allocation of damages for defective seed
Terence J. Centner
Abstract
Terence J. Centner
Abstract
Federal and state seed laws have been enacted to encourage the sale of quality seed, and buyers of defective seed may resort to state liability provisions to recover damages from sellers. This article analyzes the imposition of liability and allocation of damages for defective seed between buyers and sellers. Strict liability with opportunity damages is advanced as a preferred liability solution for defective seed, to the exclusion of causes of action in negligence.
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Federal and state seed laws have been enacted to encourage the sale of quality seed, and buyers of defective seed may resort to state liability provisions to recover damages from sellers. This article analyzes the imposition of liability and allocation of damages for defective seed between buyers and sellers. Strict liability with opportunity damages is advanced as a preferred liability solution for defective seed, to the exclusion of causes of action in negligence.
Key concepts: Damages, Liability, Business, Strict liability, Quality (philosophy), State (computer science), Economics, Actuarial science