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Vanderbilt University Law School

1953

Liability

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Full-Text Articles in Law

Workmen's Compensation, John M. Cate Aug 1953

Workmen's Compensation, John M. Cate

Vanderbilt Law Review

A review of the past year in Workmen's Compensation in Tennessee must of necessity take into account any legislative change in the Compensation Act itself' as well as trends disclosed through the decisions of the courts. The modern development and growth of this new theory, that of liability without fault, make pertinent the inquiry. Although a development of one generation, the theory of Workmen's Compensation is now almost universal in application. Under it, industry bears its fair share of the cost of injuries to workers, without any reference to fault or blame or negligence, where there is a reasonably apparent …


Business Associations, Paul J. Hartman Aug 1953

Business Associations, Paul J. Hartman

Vanderbilt Law Review

Use of Corporate Entity to Evade Contractual Obligations. Scott v. McReynolds afforded the Court of Appeals an opportunity to pierce the corporate veil. Plaintiff and defendant McReynolds were partners in the business of selling butane-propane gas and appliances. In a contract dissolving the partnership, McReynolds agreed not to sell gas or appliances within a specified area. Shortly thereafter, the other defendant, a corporation, was formed, and it sold gas within the exempted area in competition with plaintiff. McReynolds was president of the defendant corporation, was actively engaged in the business and was a "prime mover in the organization of the …


Joint Tortfeasors And The Conflict Of Laws, John W. Wade Apr 1953

Joint Tortfeasors And The Conflict Of Laws, John W. Wade

Vanderbilt Law Review

Much has been written regarding tort liability and the conflict of laws and there are numerous cases in the field.' But little attention has been paid to the conflicts aspects of the many legal problems which surround the concept of joint tortfeasors. This paper attempts to collect the relatively few decisions on the subject and to analyze the problems involved.

In the beginning it should be made clear that the term "joint tortfeasors" is used, unless otherwise indicated, in the broad, somewhat colloquial sense which most American courts use today. Thus used, it includes both joint tortfeasors in the narrow …