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A Comment On Restatement Third Of Torts’ Proposed Treatment Of The Liability Of Possessors Of Land, George C. Christie Jan 2011

A Comment On Restatement Third Of Torts’ Proposed Treatment Of The Liability Of Possessors Of Land, George C. Christie

Faculty Scholarship

In §§ 51 and 52 of the forthcoming second volume of the Restatement (Third) of Torts: Liability for Physical and Emotional Harm, the reporters have sought to accommodate the trend to extend the liability of possessors of land to trespassers. The courts that have led the way in this legal transformation of the traditional common law have largely focused on the foreseeability of the trespasser and of the likelihood of injury from the disrepair of the premises. The Restatement (Third) takes a different approach by focusing on the flagrancy of the trespass, a concept with significant moral connotations. I argue …


Causation In The Fiduciary Realm, Deborah A. Demott Jan 2011

Causation In The Fiduciary Realm, Deborah A. Demott

Faculty Scholarship

No abstract provided.


Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee Jan 2011

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida, Neil Vidmar, Mirya Holman, Paul Lee

Faculty Scholarship

No abstract provided.