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Torts

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Full-Text Articles in Law

Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher Nov 2008

Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher

University of Richmond Law Review

The purpose of this article is to suggest a viable, necessary, and eminently reasonable legislative alternative that the Virginia General Assembly should enact for legitimate and pressing public policy reasons in order to properly protect Virginia consumers from defective and unreasonably dangerous consumer products.Adopting this alternative would bring the Commonwealth of Virginia into the mainstream of twenty-first century American, and transnational, products liability law.


Construction Law, D. Stan Barnhill Nov 2008

Construction Law, D. Stan Barnhill

University of Richmond Law Review

No abstract provided.


Doctrinal Feedback And (Un)Reasonable Care, James Gibson Mar 2008

Doctrinal Feedback And (Un)Reasonable Care, James Gibson

Law Faculty Publications

The law frequently derives its content from the practices of the community it regulates. Examples are legion: Tort's reasonable care standard demands that we all exercise the prudence of an "ordinary" person. Ambiguous contracts find meaning in custom and usage of trade. The Fourth Amendment examines our collective expectations of privacy. And so on. This recourse to real-world circumstance has in-tuitive appeal, in that it helps courts resolve fact-dependent disputes and lends legitimacy to their judgments. Yet real-world practice can depart from that which the law expects. For example, suppose a physician provides more than reasonable care - extra tests, …


Indirect Infringement From A Tort Law Perspective, Charles W. Adams Jan 2008

Indirect Infringement From A Tort Law Perspective, Charles W. Adams

University of Richmond Law Review

No abstract provided.


Reassessing Charitable Immunity In Virginia, Carl Tobias Nov 2006

Reassessing Charitable Immunity In Virginia, Carl Tobias

University of Richmond Law Review

No abstract provided.


The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt Jan 2004

The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt

University of Richmond Law Review

No abstract provided.


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. …