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Vicarious Liability And The Family Automobile, Norman D. Lattin
Vicarious Liability And The Family Automobile, Norman D. Lattin
Michigan Law Review
The advent of the automobile into the family life of the present age brought with it a doctrine which has been the troublesome source of much comment in the adjudicated cases and legal literature generally. Were it not for the fact that the battle still wages with much intensity, with very little outward evidence of abatement, it would be presumptuous to add to the already voluminous supply of legal material concerning the law of the family automobile, commonly termed the "family purpose" or "family car" doctrine. If further justification were needed, the problems arising from air navigation, which threatens to …
Surgeon's Liability For Operation Without The Patient's Consent
Surgeon's Liability For Operation Without The Patient's Consent
Michigan Law Review
Under the maxim volenti non fit injuria, a surgeon may inflict upon the body of his patient what otherwise would amount to a technical battery. The consent of the patient justifies the application of force to his person. Zoterell v. Repp, 187 Mich. 319, 153 N.W. 692; Robinson v. Crotwell, 175 Ala. 194, 57 So. 23; King v. Carney, 85 Okla. 62, 204 Pac. 270; POLLOCK, TORTS, 159; BURDICK, LAW OF TORTS, 110; TORTS, RESTATEMENT No. 1, Sec. 66. A generally accepted limitation to this doctrine is that consent to the commission of an unlawful act …