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Full-Text Articles in Law

West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis Dec 1958

West Virginia Negligence Cases And Legislative Standards Of Conduct, Ray Jay Davis

West Virginia Law Review

Judicial compensation for accidental injuries is grounded upon legal fault. Assessment of fault involves not only finding the facts concerning actions of the parties, but also evaluation of their conduct. Determination is made whether the behavior is justified and, consequently, does not give rise to recovery, or whether it should be condemned, thus serving as a basis for compensation. This, the ethical portion of the problem of negligence liability, is performed by comparing the actions of a party with those of a hypothetical person, the reasonable man of ordinary prudence, acting under similar circumstances. The infinite variety of fact patterns …


The Inadequate Award In West Virginia, C. H. B. Jr. Jun 1958

The Inadequate Award In West Virginia, C. H. B. Jr.

West Virginia Law Review

No abstract provided.


Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T. Jun 1958

Negligence--Car Owner's Liability For Negligence Of Thief After Leaving Ignition Keys In Car, J. S. T.

West Virginia Law Review

No abstract provided.


Torts--Landowner's Liability To Child Trespassers, D. L. Mcc. Jun 1958

Torts--Landowner's Liability To Child Trespassers, D. L. Mcc.

West Virginia Law Review

No abstract provided.


Husband And Wife--Auction For Negligence Allowed Against Spouse, T. E. P. Apr 1958

Husband And Wife--Auction For Negligence Allowed Against Spouse, T. E. P.

West Virginia Law Review

No abstract provided.


Attorney Negligence…A Suit Within A Suit, Richard G. Coggin Apr 1958

Attorney Negligence…A Suit Within A Suit, Richard G. Coggin

West Virginia Law Review

The law today, it would seem, has become, like most professions and sciences a creature of specialization. Not many years ago most practitioners of the law in this country would have considered the general field of negligence a somewhat limited subject. But today, even this small segment of the vast science of law must be divided and subdivided, each individual subdivision being guided by its own special set of rules. Because of this transition from the general to the special, any paper of this sort must be strictly limited in scope. Even the seemingly narrow subject of "attorney negligence” would …