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Imposition of liability and allocation of damages for defective seed

Terence J. Centner

Open publisher page 1 citations

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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What this paper is about

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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OpenAlex reports 1 citations for this work. Citation counts describe recorded attention and do not establish research quality.

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Available 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.

Key concepts: Damages, Liability, Business, Strict liability, Quality (philosophy), State (computer science), Economics, Actuarial science

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