Still, not all courts that have considered the issue are willing to extend liability.
In Mr. O'Connell's view, simply extending liability to insurers assures more of the same.
Beyond the master-servant context, however, courts have extended liability to those who profit from infringing activity when an enterprise has the right and ability to prevent the infringement.
By contrast, courts did not extend liability to landlords who leased premises to a direct infringer for a fixed rental and did not participate directly in organizing or soliciting the infringing activity.
Shrewdly, the House bill, unlike the Senate's, extends liability to the owner of the cargo as well as the shipper.
The statement said, "Kirkland's work was proper and complied with all ethical and legal obligations," and added that the allegations are designed to extend liability through guilt by association.
Once again this extended Hedley Byrne liability to a proximate third party.
The misappropriation theory extended liability to those who used such information from one company to trade in securities of another company.
"Extending liability to voluntary, noncommercial and noncustodial relationships is contrary to the trend in the Legislature to encourage private assistance efforts."
Such terms might include a disclaimer of warranties, or a provision extending liability for a newly purchased item to goods previously purchased from the same seller.