Transcription of Liability of Electric Utility in the USA for Outage or ...
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May 2011 Page 1 of 51 Liability of Electric Utility in the USAfor Outage or BlackoutCopyright 2011 by Ronald B. StandlerNo copyright claimed for works of the copyright claimed for quotations from any source, except for selection of such , duty, Electric , electricity, interruption, law, legal, Liability ,litigation, Outage , tariffTable of ContentsIntroduction .. 2 Outages Are Expected .. 3limited legal duty to provide continuous electricity .. 3utility s tariff is law, not contract .. 5 Legal Problems for Plaintiff .. 7electric Utility not an insurer .. 7economic loss doctrine .. 8outage is not a product? .. 8user s mitigation of damages .. 8 Life-Support .. 10 Cases .. 11 Artesia Alfalfa ( 1960) .. 11 Blackout of 1965 .. 12 Bearden v. Lyntegar Electric Co-op. ( 1970) .. 13 National Food Stores v. Union Elec. ( 1973).
www.rbs2.com/outage.pdf 28 May 2011 Page 5 of 51 utility’s tariff is law, not contract A tariff is of higher rank than a contract. A tariff is a kind of ...
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