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Full-Text Articles in Law
The "Art" Of Future Life: Rethinking Personal Injury Law For The Negligent Deprivation Of A Patient's Right To Procreation In The Age Of Assisted Reproductive Technologies, Erika N. Auger
Chicago-Kent Law Review
No abstract provided.
Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner
Interim Payments And Economic Damages To Compensate Private-Party Victims Of Hazardous Releases, Julie E. Steiner
Marquette Law Review
There is a gap in tort recovery for many hazardous release victims. Hazardous spill victims receive different damage compensation based solely upon the type of hazardous substance released, with oil spill victims benefitting from a number of statutory damage recovery mechanisms that victims of other type of hazardous substance releases do not receive. Specifically, those injured by oil spills receive interim payments and recover for their economic loss. Yet, many victims injured by non-oil hazardous spills will incur economic harm but will not receive compensation because of a prohibition on recovery for economic loss absent accompanying physical injury or private …
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley
Georgia Journal of International & Comparative Law
No abstract provided.
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Not Just For Products Liability: Applying The Economic Loss Rule Beyond Its Origins, Danielle Sawaya
Fordham Law Review
Most litigants, if given the chance, prefer to assert tort theories to recover their economic losses, rather than rely on the remedies provided under contract law. This is primarily because plaintiffs have the potential to recover more damages under tort law than contract law. However, most courts have adopted a doctrine known as the economic loss rule to bar plaintiffs from asserting certain tort theories to recover for their economic loss. Although the economic loss rule may seem like an easy way to maintain the boundary between tort law and contract law, confusion abounds when courts attempt to determine the …
Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin
Quest For Fairness In Compensating Victims Of September 11, The, Robert L. Rabin
Cleveland State Law Review
Aside from natural disasters, when tragedy strikes - taking its toll in fatalities and serious injuries - we ordinarily look to the tort system for redress. Tort is not the exclusive form of redress, of course, in this era of private insurance and government disability programs. But still, it remains our most highly visible mechanism for assigning responsibility and providing compensation. In this Article, I will begin by describing the approach to compensation taken in the Victim Compensation Fund. I will then discuss the implementing regulations promulgated by the Special Master appointed under the Fund. Next, I will offer a …
On Recovery In Tort For Pure Economic Loss, Eileen Silverstein
On Recovery In Tort For Pure Economic Loss, Eileen Silverstein
University of Michigan Journal of Law Reform
Pure economic loss is not considered a recoverable harm in tort law. Professor Silverstein asks, "Why not?"
Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.
Limitations On Liability For Economic Loss Caused By Negligence: A Pragmatic Appraisal, Fleming James, Jr.
Vanderbilt Law Review
Even if liability for indirect economic consequences of negligence may in some cases be too broad and open-ended to be endured, care should be taken to see whether that is true in all types of situations; if it is not true, one must examine whether a rule may be fashioned to separate the wheat from the chaff. In this discussion it has been assumed that if the pragmatic consideration has any validity, it is in the field of indirect economic loss rather than that of physical damage. As one commentator put it, "only a limited amount of physical damage can …
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Products Liability--The Expansion Of Fraud, Negligence, And Strict Tort Liability, John A. Sebert Jr.
Michigan Law Review
While judicial acceptance of this concept of strict tort liability has been proceeding apace, far less dramatic but equally significant developments have been occurring with respect to both negligence and fraud liability. The possibility of recovering for a seller's misrepresentations concerning his product has been enhanced by a plaintiff-oriented judicial redefinition of two elements of a cause of action for fraud: defendant's knowledge of the falsity of his representation and plaintiff's reliance upon the deception. At the same time, negligence liability has often come to resemble liability without fault as courts continue to deemphasize, as a prerequisite to the application …
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Products Liability Based Upon Violation Of Statutory Standards, Joseph H. Ballway Jr.
Michigan Law Review
Regulatory enactments controlling production and distribution can give rise in several different ways to civil liability on behalf of persons injured by non-conforming merchandise. For instance, if a statute codifies existing common-law rules of negligence, its effect is merely to place the weight of legislative authority behind ordinary negligence principles. Since an injured party's recovery under such a provision still depends largely upon his proving in the traditional manner that a defendant failed to exercise due care, this kind of statute merits no further discussion. On the other hand, if particular legislation expressly states that a violator may be subjected …
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
The Extension Of Insurance Subrogation, Spencer L. Kimball, Don A. Davis
Michigan Law Review
When an insured loss occurs under circumstances that make a third person liable to reimburse the insured, there are various possible ways to adjust the loss among the three persons involved. One solution would permit the policyholder to recover both on the insurance and from the third person, i.e., would permit double recovery for the loss. A second solution would give the third person the benefit of the insurance by denying recovery from him. A third solution would subrogate the insurer to the policyholder's rights against the third person. Combinations of these three solutions are possible by applying sometimes …
Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review
Torts - Right Of Privacy - Economic Exploitation Of Name, Michigan Law Review
Michigan Law Review
Defendant, a department store, signed plaintiff's name without his knowledge or consent to a telegram which it caused to be sent to the governor of Oregon. The telegram urged the veto of a bill which, had it become law, would have prevented defendant from continuing the practice of optometry. Plaintiff brought suit to recover damages for the invasion of his right of privacy. Held, on appeal from the lower court's judgment sustaining defendant's demurrer, that the complaint stated a cause of action. Hinish v. Meier & Frank Co., (Ore. I94I) I I3 P. (2d) 438.