Torts - Cases, Principles, and Institutions Fifth Edition, 2016a

Witt & Tani, TCPI 9. Liability without Fault?
Source: Library of Congress, Prints and Photographs Division.
As the caption to the image suggests, reliability was much discussed in the early days of
the automobile.
2. How radical is MacPherson? One view of the MacPherson case is that it utterly rejects
the old privity rule of Winterbottom. After the exceptions of Devlin and Statler, Cardozo seems to
say, the old privity rule has given way to the kind of reasonable foreseeability test we saw in
Chapter 8 in cases like Rowland v. Christian, 443 P.2d 561 (Cal. 1968) (replacing the common
law rules for trespassers, licensees, and invitees in landowner and occupier liability with a
reasonable foreseeability standard) and Dillon v. Legg, 441 P.2d 912 (Cal. 1968) (replacing the
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