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Articles 1 - 11 of 11
Full-Text Articles in Law
Torts -- 1964 Tennessee Survey, Dix W. Noel
Torts -- 1964 Tennessee Survey, Dix W. Noel
Vanderbilt Law Review
As usual, the Tennessee appellate courts decided a considerable number of tort cases last year, covering a wide variety of problems.There were no striking new developments. In fact, the two decisions which were awaited by the profession with the greatest interest, Kyker v. General Motors Corporation' and Texas Tunneling Co. v. City of Chattanooga, tend to slow down some modem developments. In the Kyker case, it was indicated that manufacturers are not yet strictly liable in Tennessee, at least on warranty grounds, without privity of contract. In the Texas Tunneling case, a federal court undertaking to apply Tennessee law placed …
Evidence -- 1964 Tennessee Survey, Lyman R. Patterson
Evidence -- 1964 Tennessee Survey, Lyman R. Patterson
Vanderbilt Law Review
The difficulty in dealing with presumptions arises in part from the fact that the term embraces a host of different meanings, varying with the purposes underlying the presumption in a given situation. Unfortunately, the courts seldom articulate the meaning which they are attributing to the term and consequently do little to clear up the confusion... In Arnett v. Fuston, a negligence action, plaintiff argued that a verdict of not guilty against one of the two co-defendants was not supported by any evidence, and that a presumption should apply against him "for his election to stand on his motion for directed …
Agency -- 1964 Tennessee Survey, John S. Beasley
Agency -- 1964 Tennessee Survey, John S. Beasley
Vanderbilt Law Review
During the period covered by this Survey several cases have raised rather interesting points for consideration under the law of agency. On one occasion the Tennessee Supreme Court declined the opportunity of joining the ranks of the majority of states in moving toward a more modern rule on employer's liability with respect to an employee's child injured negligently by the employee. In this and other decisions, the courts have followed Tennessee precedent rather closely, with the result that there are few changes in the law of agency.
Torts -- 1964 Tennessee Survey, Dix W. Noel
Torts -- 1964 Tennessee Survey, Dix W. Noel
Vanderbilt Law Review
As usual, the Tennessee appellate courts decided a considerable number of tort cases last year, covering a wide variety of problems.There were no striking new developments. In fact, the two decisions which were awaited by the profession with the greatest interest, Kyker v. General Motors Corporation' and Texas Tunneling Co. v. City of Chattanooga, tend to slow down some modem developments. In the Kyker case, it was indicated that manufacturers are not yet strictly liable in Tennessee, at least on warranty grounds, without privity of contract. In the Texas Tunneling case, a federal court undertaking to apply Tennessee law placed …
The Director's Liability For Negligence, Richard B. Dyson
The Director's Liability For Negligence, Richard B. Dyson
Indiana Law Journal
No abstract provided.
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub
Michigan Law Review
No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …
The Financially Irresponsible Motorist: A Survey Of State Legislation, Fredric C. Jacobs
The Financially Irresponsible Motorist: A Survey Of State Legislation, Fredric C. Jacobs
Villanova Law Review
No abstract provided.
Negligence-Stolen Vehicles - The Owner Of A Vehicle Parked By Employees Who Left The Keys In The Ignition Held Liable For Injuries To Third Parties Resulting From The Motoring Activities Of A Thief. Hergenrether V. East (Cal. 1964), Thomas J. Whelan
San Diego Law Review
This recent case discusses Hergenrether v. East (Cal. 1964)
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Negligence: Blackstone To Shaw To? An Intellectual Escapade In A Tory Vein, E. F. Roberts
Cornell Law Faculty Publications
No abstract provided.
Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund
Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund
Cleveland State Law Review
Seaworthiness within the field of the general maritime law, and negligence as applied under the Jones Act and the Longshoremen's and Harbor Worker's Act afford ample remedies to the parties covered by the respective acts and by the strict liability imposed upon the owner of an unseaworthy vessel. But by allowing recovery under theories that mix the two remedies the courts are creating an additional remedy not granted by Congress when it adopted the Jones Act and the Longshore Act.
Negligence - Architect's Liability-An Invitee May Seek Damages From An Architect For Injuries Due To A Construction Defect Patent To The Owner Of The Premises After The Owner Has Accepted The Work. Montijo V. Swift (Cal. App. 1963), Wesley H. Harris
San Diego Law Review
This recent case discusses Montijo v. Swift (Cal. App. 1963)