Also known as: users
Written by attorneys · grounded in primary & secondary sources — see below
An individual who employs or exercises a right or thing. The term identifies the person whose use triggers liability, creates reliance interests, or limits prescriptive rights.
Umeko Uchida purchased a pressure cooker from a retail store. The cooker exploded during ordinary use because of a manufacturing defect, injuring her hands. The seller was engaged in the business of selling such products and the cooker reached Umeko without substantial change.
Uri Underwood allowed Umar Underwood to build a driveway across his land after orally promising long-term access. Umar spent substantial sums paving the route and constructing a garage that could be reached only by that driveway. The permission was given under circumstances making it reasonable for Umar to believe revocation would not occur.
Select any source to read its text and confirm it supports the definition.
Ugo Ucelli operated a website displaying sexually explicit material. A state statute required age verification before any user could access the site and imposed criminal penalties for noncompliance. Parents could install filters on home computers to block such content more effectively than the statutory scheme.
Ulric Unger crossed Unity Underhill's vacant lot daily for twelve years to reach a public road. Ulric's path never exceeded a six-foot width. The resulting easement was confined to that same width against Unity's ownership interest.
Urban Logistics bought a batch of industrial valves from a wholesaler and resold them to its customers. One valve contained a latent defect that caused an explosion at the buyer's plant. The valve arrived at the plant in the same condition in which the manufacturer had sold it.
Ultimate Solutions manufactured a ladder that collapsed under normal use, injuring a painter who had borrowed the ladder from the original purchaser. The painter sued the manufacturer even though he had never purchased the ladder or dealt directly with the company.
A user is any person who employs the product for its intended purpose, including the ultimate consumer and bystanders within the zone of foreseeable harm. Recovery does not require contractual privity with the seller.
When an owner permits use of land under circumstances making revocation unforeseeable and the user substantially changes position in reliance, equity estops the owner from denying the servitude.
The easement lasts only as long as the adverse user's actual denial of the owner's rights during the prescriptive period.
No. When less restrictive alternatives such as user-installed filters exist, a content-based prior restraint on adult speech is invalid.
…prohibition. In this case, the State actually has not evinced any concrete interest in enforcing its drug laws against religious users of peyote. Oregon has never sought to prosecute respondents, and does not claim that it has made significant enforcement efforts against other religious users of peyote. The State’s…