Also known as: Restatement § 402A · § 402A · 402A · Restatement (Second) of Torts § 402A · strict products liability · Restatement of Torts 402A
Written by attorneys · grounded in primary & secondary sources — see below
An optional probate rule under which the value of any constitutional right of homestead in the family home received by a surviving spouse or child must be charged against the spouse or child's homestead allowance to the extent the family home is part of the decedent's estate or would have been but for the homestead provision of the constitution. The rule applies only in states that adopt it and that have a constitutional homestead provision.
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After her husband's death, Rita Russell received the family home under a constitutional homestead right. The value of that right was later charged against her statutory homestead allowance. The court applied the rule because the family home formed part of the decedent's estate.
East River Steamship Corp. purchased turbines from Transamerica Delaval for its vessels. After the owner's death the surviving spouse claimed both a constitutional homestead right in a residence and a statutory homestead allowance. The court applied the rule to charge the value of the constitutional right against the allowance.
Ralph Richardson rented an apartment from IRM Corp. After the owner's death the surviving spouse received a constitutional homestead right in the building. The court applied the rule to offset the value of that right against the statutory homestead allowance.
Kay Denny purchased a Ford Bronco II designed for off-road use. After the owner's death the surviving spouse claimed a constitutional homestead right in the family home. The court applied the rule to charge the value of the right against the homestead allowance.
Aluminum Company of America supplied aluminum to Essex Group under a long-term contract. After the owner's death the surviving spouse received a constitutional homestead right in the residence. The court applied the rule to offset the value against the statutory allowance.
A smoker purchased cigarettes from Liggett Group and later developed lung cancer. After the owner's death the surviving spouse claimed a constitutional homestead right in the family home. The court applied the rule to charge the value of the right against the homestead allowance.
The rule applies only when a state has adopted the optional section and possesses a constitutional homestead provision. It offsets the value of the constitutional homestead right received by a surviving spouse or child against the statutory homestead allowance to the extent the home is part of the decedent's estate.
…and she was severely injured. Plaintiffs brought this action against Ford, asserting causes of action for negligence, strict products liability and breach of implied warranty of merchantability. They claimed that the Bronco II had a design defect that rendered it unreasonably dangerous when put to its intended and foreseeable uses.…