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Full-Text Articles in Law

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch Jan 1987

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

The 1986 Annual Survey described the "check it back to local law" approach to the Code's choice of law rules. Recent cases emphasize this. For example, in Madaus v. November Hill Farm, lnc., the U.S. District Court for the Western District of Virginia applied the Virginia pre-Code conflict of laws rules to a dispute between a West German seller of a horse and a Virginia buyer. The court applied the Virginia rule that the law applicable to the validity of a contract is the law of the jurisdiction where the final act necessary to make the contract binding was done. …


The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii Jan 1987

The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii

University of Richmond Law Review

Over the past two decades, several courts have allowed construction industry plaintiffs to assert tort claims to recover for purely economic losses (i.e. other than injury to person or property) from other participants in the construction process. Parties assert tort claims, instead of or in addition to contract claims, to take advantage of the more liberal tort damage rules and, probably more importantly, to escape unfavorable contract provisions. This article briefly discusses the different origins and goals of tort and contract law. It then reviews some of the decisions allowing recovery of purely economic losses in tort as well as …


Punitive Damages And The Tort System, Griffin B. Bell, Perry E. Pearce Jan 1987

Punitive Damages And The Tort System, Griffin B. Bell, Perry E. Pearce

University of Richmond Law Review

This article is based on the Emmanuel Emroch Lecture Series address delivered by the Honorable Griffin B. Bell on April 8, 1987 at the T. C. Williams School of Law. Each year the Emmanuel Emroch Lecture Series features practitionersand academicians who are authorities on a particulararea of the law. The University of Richmond Law Review applauds Mr. Emroch's commitment to excellence in legal education and his continued support of the T. C. Williams School of Law.


Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder Jan 1987

Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder

University of Richmond Law Review

With the continuing problem of overcrowded prisons, parole board officials have been under increasing pressure to release prisoners before the natural termination of their sentences. As a consequence, the public suffers the risk that the parolee, once released, will commit a violent crime. If this should occur, the question then becomes whether the injured individual can, as a result, hold the parole board civilly liable for the negligent release or supervision of the parolee.