Law Commons^™

Credit Cards: The Liability Of The Card Holder For Unauthorized Purchases

Washington and Lee Law Review

No abstract provided.

Legally Responsible Cause Flexibly Construed, Lawrence Vold

Vanderbilt Law Review

Society is constantly changing. Because of the rapid developments in technology and related fields of science, the pace with which change will occur will accelerate. Law, also, as the recognized means of order in society must change rapidly to meet the demands of the new society. How can changes be implemented without destroying the stability? Short answer: A flexible legal process--a process not confined to rigid, precise rules, but a flexible process capable of meeting on the basis of reason and justice the cases as they arise.

Landowner's Negligence Liability To Persons Entering As A Matter Of Right Or Under A Privilege Of Private Necessity, Donald W. Fish

Vanderbilt Law Review

In modem tort law, the liability of occupiers of land for their negligence depends in the first instance upon the status of the plaintiff upon the premises. This status generally determines the level of duty which the occupier owes him, and a vast body of case law has developed dealing with the many aspects of the question.Of the myriad classes of persons to whom some duty of care maybe owed by an occupier, perhaps those who enter the premises by virtue of a legal right, and irrespective of the consent of the occupier, present the most elusive problems in analysis. …

Distinctions Between Assumption Of Risk And Contributory Negligence

Washington and Lee Law Review

No abstract provided.

Negligence And Warranty: The Forms Of Action Live

Washington and Lee Law Review

No abstract provided.

Hatred, Ridicule, Or Contempt. A Book Of Libel Cases.Joseph Dean.

Washington and Lee Law Review

No abstract provided.

Misrepresentation And Third Persons, William L. Prosser

Vanderbilt Law Review

"The assault upon the citadel of privity is proceeding in these days apace." So said Cardozo in 1931, and he has been much quoted since. But the case' in which he said it was one of misrepresentation causing pecuniary loss to a third person who acted in reliance upon it, but to whom it was not made. It is in this area that the assault upon the citadel has made, during the intervening thirty-five years, the least headway, and has broken down into a tangle of more or less unconnected struggles which are apparently making no great progress in any …

Damages--The Per Diem Method Of Arguing Pain And Suffering, James Truman Cooper

West Virginia Law Review

No abstract provided.

The Failure To Use Seat Belts As A Basis For Establishing Contributory Negligence, Barring Recovery For Personal Injuries, William Carnazzo, Paul G. Flynn

University of San Francisco Law Review

No abstract provided.

Torts - Governmental Immunity, John R. Mcginley Jr.

Duquesne Law Review

The Pennsylvania Supreme Court refuses to abolish the doctrine of sovereign immunity.

Dillon v. York City School Dist., 422 Pa. 103, 220 A.2d 896 (1966).

Torts - Products Liability - Restatement (Second), Torts, 402(A), J. Jerome Mansmann

Duquesne Law Review

The Pennsylvania Supreme Court adopts a strict tort liability rule for the products liability area.

Webb v. Zern, 422 Pa. 424, 220 A.2d 853 (1966).

The Role Of The Per Diem Argument In Personal Injury Suits, Thomas L. Cooper

Duquesne Law Review

With increasing frequency, appellate courts across the country are being forced to decide the propriety of counsel for the plaintiff utilizing a formula, or per diem approach, when discussing damages for pain and suffering in closing argument. Until a few years ago, this technique seems to have excited little attention, and to have generated few appeals. The steady rise in automobile accidents, the increasing amount of personal injury litigation, and the tendency of the courts to scrutinize carefully every procedure that might detract from a fair trial, have combined to bring this type of argument to the attention of the …

Perpetuities, Privity And Professional Liability, D. Orville Lahy

University of Richmond Law Review

As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.

Fair Comment - The Extent Of The Public Interest Element - Afro-American Publishing Co. V. Jaffe

Maryland Law Review

No abstract provided.

Malpractice By Veterinarians, Martin J. Strobel

Cleveland State Law Review

The veterinarian's liability is measured by the same basic standards applicable to physicians and surgeons. In both fields the technical nature of the malpractice action creates special problems. To determine the issue of liability the jury must identify both the historical facts and the standard of care. Attempting to resolve issues of medical fact may be difficult for a lay jury; such resolution demanding as it does, not merely an appraisal of the witnesses' demeanor and character, but an evaluation of their stories in the context of the situation giving rise to the cause of action.

Some Bases For Remittitur In Personal Injury Cases, Robert Saxer

Cleveland State Law Review

In reviewing an award various factors before it can determine whether the award is so excessive that remittitur should be granted or a new trial ordered. Remittitur is justified when the award is based on computation errors, oversight or consideration of an improper element, or when, in view of the evidence, the judgment is excessive enough to indicate prejudice, passion, partiality or corruption on the part of the jury.

Sales And Service Warranties In Blood Transfusions - Balkowitsch V. Minneapolis War Memorial Blood Bank, Inc.

Maryland Law Review

No abstract provided.

How Much Detention Constitutes False Imprisonment, Nancy F. Halliday

Cleveland State Law Review

Any intentional unlawful confinement of an individual, without his consent, for any length of time, no matter how short in duration, constitutes false imprisonment. This statement, however, leaves unanswered the question of what constitutes a lawful confinement.

Injuries From Fright Without Contact, Larry Grean

Cleveland State Law Review

Mental distress situations occur throughout the field of torts in cases ranging from assault and trespass to seduction, false arrest, slander, malicious prosecution, and others. They occur in intentional and unintentional situations, and in cases where there is willful and wanton negligence. There may be mental distress over one's own predicament or over fear for the safety of a third party. Physical injuries may or may not result from the mental distress and the element of "impact" (contemporaneous physical injury) becomes an additional factor to consider. However, when it comes to the question of recovery for either mental distress alone …

Landlord's Retention Of Power To Control Premises, Jan S. Moskowitz

Cleveland State Law Review

Generally, the landlord is under an affirmative obligation to exercise ordinary care to keep those parts of the premises over which he has retained possession and control in a reasonably safe condition. The test of possession and control is whether or not the landlord has the power and the right to admit people to or exclude them from the premises.

Defamation Privilege In Internal Affairs Of Religious Societies, Howard A. Shelley Jr.

Cleveland State Law Review

Defamation privilege in religious societies is burdened in interpretation by the strong doctrine of separation of church and state coupled with the courts' reluctance to become involved in the internal affairs of private associations. That over the years this has resulted in establishment of a philosophy regarding defamation privilege in church controversies broader in scope than that available even to other private associations is apparent.

How F.E.L.A. Became Liability Without Fault, Gaspare A. Corso

Cleveland State Law Review

The Federal Employers' Liability Act supersedes the common and statutory law of the states ("There is no federal common law"), and this is true regardless of where the action is brought. Under common law, the injured employee was faced with the burden of proof and obliged to overcome the defenses of contributory negligence, assumption of risk and the fellowservant rule. But it is apparent that Congress was dissatisfied with the common law approach to the master-servant relation-ship. The practical effect (at the very least) of the F.E.L.A. is to abolish many of the defenses available at common law to an …

Birth And Death And Governmental Immunity, Verne Lawyer

Cleveland State Law Review

Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …

The Child Driver Under The Kentucky Family Purpose Doctrine, William R. Harris

Kentucky Law Journal

No abstract provided.

How To Handle An Anesthesia Injury Case, Albert Averbach

Cleveland State Law Review

The criteria of competence of the trial lawyer handling a medical malpractice case is, does he have at least as much if not more knowledge of the practice and procedure involved in the case than the defendant physician. In no place is this more true than in the field of anesthesiology. This is not, of course, to suggest that the attorney can compete with the physician in practical experience. But, it is to propose that many valid anesthesia malpractice cases result in nonsuits and that plaintiff's verdicts which are overturned on appeal are almost invariably lost due to insufficient evidence, …

Crew Conduct As Unseaworthiness, James E. Saari

Cleveland State Law Review

It seems repugnant to all law that a shipowner should be held liable under the doctrine of unseaworthiness for occurrences which he has no reasonable way of preventing. The shipowner may be best protected by incorporating his knowledge of a crew member's dangerous propensities as an element of proof in assault cases based on unseaworthiness. Should general maritime law continue to offer legal barriers to shipowners, a seaman's workmen's compensation statute or a general re-draft of the Jones Act could enable the shipowner to set up stronger defense in an unseaworthiness action.

Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte

Cleveland State Law Review

The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.

Mental Suffering As An Element Of Damages In Defamation Cases, Jack G. Day

Cleveland State Law Review

To insure the focus of theme it is assumed for present purposes that the hurdles of proof and proximate cause in an actionable defamation have been cleared and that there is no concern with any other issues that may arise, offensively or defensively, in a defamation action beyond the propriety, or impropriety, of proving mental suffering as an element of compensable damage. Stated another way, the crux of the matter is whether mental anguish is, can, or ought to be classified as special damage in defamation actions. Punitive damages are, of course, an element of no relevance here except in …

Damages For Emotional Distress In Ohio, James G. Young

Cleveland State Law Review

A review of Ohio cases reveals that Ohio law declares there cannot be recovery for mental distress unless it is accompanied by contemporaneous physical injury (i.e., contact), or unless the act was wilful, wanton or intentional. No Ohio cases were found where recovery for purely mental suffering, caused negligently, in and of itself was permitted.

Motions In Limine, Tom H. Davis

Cleveland State Law Review

Defendant's attorney in a tort or personal injury case can fumble, stumble and fall and win. A plaintiff's attorney can try his case perfectly and still lose. Since any charge of prejudicial tactics brought against the plaintiff usually will be more harmful than one brought against the defendant, it is the duty of the plaintiff's attorney to keep the case like "Caesar's wife," if he can.One of the best ways to accomplish this is through a motion in limine. For those who are not familiar with this practice, it is a motion, heard in advance of jury selection, which asks …