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TortsII-Misreprensentation-Winter_v_GPPutnamsSons Powered By Docstoc


Winter v. G.P Putnam’s Sons, US Court of Appeals, 9th Circuit, 1997 Is the publisher of a book liable for any misinformation in the book? Issue Reasoning
Book is not a tangible product. Encyclopedia is like a book on how to use a compass and not like a compass itself. An aeronautical chart is like a compass. No cause of action unless it is assumed that the publisher is a guarantor of the accuracy of an author’s statements of fact. But since there is no duty Copyright, libel, misrepresentation govern the expression of ideas. Publisher does not have a duty to investigate the accuracy the contents of the books it publishes. No publisher has a duty as a guarantor. 3.1 Publisher would not know what warnings to put on without full investigation – which he does not have a duty to do.

Product liability is geared toward tangible products.

∆ published an Encyclopedia of Mushrooms. The ∏s relied on the info in the book to hunt mushrooms. The mushrooms they got turned out not to be safe and ended up requiring liver transplants.

Held Procedure P argues

D argues

∏ sued on: Products Liability; breach of warranty; negligence; negligent misrepresentation; false representation. District court granted summary judgment for ∏. ∆ appeals. 1. Encyclopedia of mushrooms is like aeronautical charts – they both contain representations of natural features and both are intended to be used while engaging in dangerous activities. 2. ∆ has duty to investigate accuracy. 3. ∆ required to give warning: 1) information is not complete and consumer should not fully rely or 2) publisher has not investigated and cannot guarantee accuracy 1) Book is not a product 2) No duty to investigate.

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