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Torts

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Journal

1954

Remedies

Articles 1 - 3 of 3

Full-Text Articles in Law

Restitution -- 1954 Tennessee Survey, John W. Wade Aug 1954

Restitution -- 1954 Tennessee Survey, John W. Wade

Vanderbilt Law Review

The title, Restitution, is a comparatively new one. Over a period of many years there grew up separately a number of distinct legal and equitable remedies--quasi-contract, constructive trust, equitable lien, reformation, rescission and others. Only recently has it been perceived that a pervading general principle underlies all of these remedies--the principle that "a person who has been unjustly enriched at the expense of another is required to make restitution to the other." Now that these several types of relief are being classed together it is more generally realized that their composite whole involves a very broad field of the law. …


Subrogation, Indemnity, Contribution And Election Of Remedies Aspects Of The Tort Claims Act, Fred Blanton Feb 1954

Subrogation, Indemnity, Contribution And Election Of Remedies Aspects Of The Tort Claims Act, Fred Blanton

Vanderbilt Law Review

Dramatically altering the concept of sovereign responsibility in the field of injuries to person and property, the Federal Tort Claims Act of 1946 in action has progressed steadily by application and interpretation to emerge as one of the most, if not the most, important pieces of domestic legislation enacted during the past decade. This ascendency has transpired primarily because the overwhelming majority of courts have boldly taken a dynamic approach to the inevitable problems occurring and recurring in a day-to-day consideration of the multitude of factual permutations and combinations presented to them for analysis and decision under the Act. Generally …


Book Reviews, Ferdinand F. Stone (Reviewer), Reginald Parker (Reviewer) Feb 1954

Book Reviews, Ferdinand F. Stone (Reviewer), Reginald Parker (Reviewer)

Vanderbilt Law Review

Governmental Liability By H. Street New York: Cambridge University Press, 1953. Pp. 221. $5.00.

reviewer: Ferdinand F. Stone

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Roman Law and Common Law: A Comparison in Outline, Second Ed. By W. W. Buckland and Arnold D. McNair. Revised by F. H. Lawson New York: Cambridge University Press, 1952.Pp. xii, 439. $7.00.

reviewer: Reginald Parker