William Prosser
Encyclopedia
William Lloyd Prosser was the Dean
of the College of Law at UC Berkeley from 1948 to 1961. Prosser authored several editions of Prosser on Torts, universally recognized as the leading work on the subject of tort law for a generation. It is still widely used today, now known as Prosser and Keeton on Torts, 5th edition. Furthermore, in the 1950s, Dean Prosser became Reporter for the Second Restatement of Torts.
After spending his first year at Harvard Law School, Prosser transferred to and received his Juris Doctor
from the University of Minnesota Law School
. After a brief time in private practice at Dorsey, Colman, Barker, Scott & Barber (the modern-day Dorsey & Whitney
), he became a professor of law at the University of Minnesota Law School, where he wrote Prosser on Torts. He taught there from 1931 until 1940, when he resigned to become the Minnesota counsel for the Roosevelt Administration's Office of Price Administration. In 1943, he returned to private practice for another four years. In 1947, Prosser returned to Harvard Law School as a professor. The following year, Prosser became Dean of the College of Law at UC Berkeley. In 1961, Prosser left Berkeley to teach at the Hastings College of Law, where he remained until his death in 1972.
In a small exhibit about the Loyalty oath
in the ground level of the Campanile at UC Berkeley, Prosser is quoted as saying "If the authority exists to discharge a professor because he will not sign this oath on demand, then it exists to fire him because he will not sign an oath that he is not a Catholic, not a Mason, not a consumer of beer...there is no place to stop."
for products injuries. His first edition of Prosser on Torts in 1941 argued that strict products liability was developing in American law, and predicted that it would be the law of the future. By the time his influential article The Assault on the Citadel (Strict Liability to the Consumer) was published in 1960, the New Jersey Supreme Court
fulfilled his prediction, holding in Henningsen v. Bloomfield Motors
that manufacturers implicitly warrantied their products against personal injury to all users. As Reporter for the Second Restatement of Torts, he helped codify strict products liability in the Restatement's Section 402A.
In the early 1940s Prosser prepared the Comments and Notes to the predecessor of the Uniform Commercial Code
: Commercial Code, Tentative Draft No. 1 - Article III. His work was limited to sections 1-51 of Article III, which focused primarliy on commercial paper.
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of the College of Law at UC Berkeley from 1948 to 1961. Prosser authored several editions of Prosser on Torts, universally recognized as the leading work on the subject of tort law for a generation. It is still widely used today, now known as Prosser and Keeton on Torts, 5th edition. Furthermore, in the 1950s, Dean Prosser became Reporter for the Second Restatement of Torts.
After spending his first year at Harvard Law School, Prosser transferred to and received his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Minnesota Law School
University of Minnesota Law School
The University of Minnesota Law School, located in Minneapolis, Minnesota, USA, is a professional school of the University of Minnesota. The school offers a Juris Doctor , Masters of Law for Foreign Lawyers, and joint degrees with J.D./M.B.A., J.D./M.P.A, J.D./M.A., J.D./M.S., J.D./Ph.D.,...
. After a brief time in private practice at Dorsey, Colman, Barker, Scott & Barber (the modern-day Dorsey & Whitney
Dorsey & Whitney
Dorsey & Whitney LLP is a large law firm, with close to 600 lawyers and 650 staff located in 19 offices in the United States, Canada, Europe, and Asia. Its headquarters is in Minneapolis, Minnesota, and has been since its inception. Dorsey is currently led by its managing partner, Marianne D. Short...
), he became a professor of law at the University of Minnesota Law School, where he wrote Prosser on Torts. He taught there from 1931 until 1940, when he resigned to become the Minnesota counsel for the Roosevelt Administration's Office of Price Administration. In 1943, he returned to private practice for another four years. In 1947, Prosser returned to Harvard Law School as a professor. The following year, Prosser became Dean of the College of Law at UC Berkeley. In 1961, Prosser left Berkeley to teach at the Hastings College of Law, where he remained until his death in 1972.
In a small exhibit about the Loyalty oath
Loyalty oath
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
in the ground level of the Campanile at UC Berkeley, Prosser is quoted as saying "If the authority exists to discharge a professor because he will not sign this oath on demand, then it exists to fire him because he will not sign an oath that he is not a Catholic, not a Mason, not a consumer of beer...there is no place to stop."
Prosser and strict products liability
Prosser became closely associated with the doctrine of strict liabilityStrict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
for products injuries. His first edition of Prosser on Torts in 1941 argued that strict products liability was developing in American law, and predicted that it would be the law of the future. By the time his influential article The Assault on the Citadel (Strict Liability to the Consumer) was published in 1960, the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
fulfilled his prediction, holding in Henningsen v. Bloomfield Motors
Henningsen v. Bloomfield Motors
In Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358, 161 A.2d 69 , the New Jersey Supreme Court held that an automobile manufacturer's attempt to use an express warranty which disclaimed an implied warranty of merchantability was invalid....
that manufacturers implicitly warrantied their products against personal injury to all users. As Reporter for the Second Restatement of Torts, he helped codify strict products liability in the Restatement's Section 402A.
In the early 1940s Prosser prepared the Comments and Notes to the predecessor of the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
: Commercial Code, Tentative Draft No. 1 - Article III. His work was limited to sections 1-51 of Article III, which focused primarliy on commercial paper.