What is the test for determining whether a company can obtain compensation from a third party for failing to provide a proper risk assessment?
California, United States of America
The following excerpt is from Tauber-Arons Auctioneers Co. v. Superior Court, 101 Cal.App.3d 268, 161 Cal.Rptr. 789 (Cal. App. 1980):
' * * * (C)ompensation (ability to spread the risk), satisfaction of the reasonable expectations of the purchaser or user (implied representational aspect), and over-all risk reduction (the impetus to manufacture a better product) * * *.' Fulbright v. Klamath Gas Co., 271 Or. 449, 460, 533 P.2d 316, 321 (1975).
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