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Articles 121 - 147 of 147
Full-Text Articles in Law
Damages Recoverable For Wrongful Death, Stuart L. Craig
Damages Recoverable For Wrongful Death, Stuart L. Craig
University of Richmond Law Review
The Virginia Legislature at the 1968 session of the General Assembly amended Section 8-636 of the Code of Virginia and thereby altered drastically both the amount and the method of distribution of damages recoverable under Virginia's Wrongful Death Act.' Only the section dealing with damages and the distribution thereof was altered, but the amendment changed substantially those entitled to an award of damages for financial or pecuniary loss and the conditions prerequisite to recovery for such loss.
The Erosion Of Lex Loci Delicti: Toward A More Rational Choice Of Tort Law
The Erosion Of Lex Loci Delicti: Toward A More Rational Choice Of Tort Law
University of Richmond Law Review
Man is a gregarious animal. As such, he has historically sought the company of other men. He has organized his world into innumerable units-each with its own boundaries, each with its own laws. Once, when immobility and relative isolation characterized his existence, few legal complications arose from the policy differences that had been translated into the laws of his governments. His choice of law rules were relatively simple, predictable, and rigid. But as technology made Cairo as accessible as California-made international communication almost as practical as local conversation-the consequences of human interaction involved in- creasing interstate and international elements.
Liability For Transfusions Of Hepatitis Infected Blood
Liability For Transfusions Of Hepatitis Infected Blood
University of Richmond Law Review
Legal resolution of the liability of a supplier of a useful and desirable product which, in the present state of human skill and knowledge, is unavoidably and necessarily dangerous to the user is fraught with difficulty. A major portion of the law in this area revolves around cases of hepatitis resulting from blood transfusions. The crucial problem encountered is the nondetectibility of the hepatitis virus in the blood donor. Even though no specific viral detection test has been perfected which can be applied practically to blood banking or plasma pooling, recent observations hold promise for a more accurate method of …
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
Parental Immunity- Its Effect On Vicarious Liability
Parental Immunity- Its Effect On Vicarious Liability
University of Richmond Law Review
Parental immunity prohibits a child from instituting a suit against his parent for a personal tort. However, when a child has sustained injury as a result of his parent's tortious act committed in the course of his employment, and the child seeks recovery against his parent's employer under the doctrine of respondeat superior, the majority of jurisdictions feel that this immunity is purely personal and should not be extended to the employer.
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
University of Richmond Law Review
The development of the law of products liability is historically related to industrial growth, business and economic expansion, and the growing demand over the years for consumer protection. As the industrial system has come of age and man has begun to make excursions into outer space, the ancient principle of caveat emptor-"let the buyer beware" has been significantly changed in favor of the consumer. As we emerged from the ancient mercantile society, where the seller and buyer usually met and bargained, to an impersonal market characterized by corporate organization, industrial and technological advancement and complexity, and sophisticated marketing and finance, …
A Century Of Tort Immunities In Virginia, James A. Eichner
A Century Of Tort Immunities In Virginia, James A. Eichner
University of Richmond Law Review
Since the earliest days of tort litigation, the Virginia Supreme Court of Appeals, like the courts of its sister states, has been committed to the general view that legal responsibility follows negligence, and that the master is liable for his servants' torts committed within the scope of their employment. However, several years before the found- ing of the T. C. Williams School of Law, the Virginia court, in its landmark decision respecting governmental tort immunity, laid down a decision which has led to the creation of a number of tort immunities which it has never sought to justify on grounds …
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
University of Richmond Law Review
When a landlord leases a part of the premises to individual tenants, as in an apartment building, he necessarily retains control over areas used in common and must exercise ordinary care to keep these areas in a reasonably safe condition.' This duty arises because common areas are part of the estate reserved by the landlord for the use and benefit of all the tenants. The responsibility of the lessor extends to the lessee, members of the lessee's family, and all persons on the premises at the invitation of the lessee, whether the invitation be express or implied.
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law from 1969.
Recovery For Negligently Caused Emotional Trauma Resulting From Fear For The Safety Of Another
Recovery For Negligently Caused Emotional Trauma Resulting From Fear For The Safety Of Another
University of Richmond Law Review
Recovery for emotional trauma has progressed slowly in the century since Lord Wensleydale uttered the above words. The courts have been reluctant to recognize the interest in emotional tranquility both when the interference has been intentional and when it has been negligent.
Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein
Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein
Law Faculty Publications
The past decade has seen dramatic developments in the law of products liability. There has been liberalization of the exclusive control requirement of res ipsa Ioquitur, Iegislative and judicial relaxation of the privity requirement, and creation of a new theory of recovery - strict liability in tort. Consequently, many jurisdictions now offer three theories of recovery to persons injured through use of a defective product: negligence, breach of warranty, and strict liability in tort. Although the recent products liability developments have been extensively treated both by courts and by commentators, numerous problems remain. One of the most pressing problems is …
Basic Protection And The Future Of Negligence Law, Robert E. Keeton
Basic Protection And The Future Of Negligence Law, Robert E. Keeton
University of Richmond Law Review
Coming to full flower only in the nineteenth century,' negligence law is still a tender young plant among the hardy redwoods of legal history. Yet the jeopardy in which it stands is due not to its youth but to its aging inflexibility-to its failure to adapt to the era of the automobile. This is not to say that its end is at hand. Rather, a future of some kind for negligence law seems assured. The questions in doubt are what kind and for how long. The surest way of causing it to be inglorious and brief is to continue to …
Recent Legislation
University of Richmond Law Review
This is a summary of the legislation that came out in 1968.
Strict Liability In Tort: A Modest Proposal, David G. Epstein
Strict Liability In Tort: A Modest Proposal, David G. Epstein
Law Faculty Publications
Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1967.
Perpetuities, Privity And Professional Liability, D. Orville Lahy
Perpetuities, Privity And Professional Liability, D. Orville Lahy
University of Richmond Law Review
As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1965.
The "Attractive Nuisance Doctrine" In Virginia, William T. Muse
The "Attractive Nuisance Doctrine" In Virginia, William T. Muse
University of Richmond Law Review
Children deem it their prerogative to roam wherever they please. In particular, they have a tendency to wander on other people's land and meddle with anything they find there. In doing so they frequently get hurt. The problem of the liability of occupiers of land for such injuries has taken up much of the time of American courts in the last one hundred years and has resulted in many published decisions. The trial courts in Virginia have devoted much thought and time to this problem, and since 1887 twelve cases have been heard and decided by the Supreme Court of …
Fusion Of Libel And Slander-- Quaere, M. Ray Doubles
Fusion Of Libel And Slander-- Quaere, M. Ray Doubles
University of Richmond Law Review
Are certain written publications which were libelous per se at common law, still actionable as such in Virginia today under a count in common law libel?
Recent Cases
University of Richmond Law Review
This article is a summary of the case law that occurred in 1964.
Recent Cases
University of Richmond Law Review
This article provides a list of the recent cases and their summaries for the year of 1963.
Basis Of Liability For Blasting In Virginia, William T. Muse
Basis Of Liability For Blasting In Virginia, William T. Muse
University of Richmond Law Review
In this period of prosperity more private capital is avail- able for construction of all kinds. Also, vast sums of public funds are being appropriated for all types of construction, particularly highway construction. For example, the National System of Interstate and Defense Highways alone will involve the construction of 41,000 miles of highway, and is designed to connect and serve all major urban centers in the United ,States. It is probably the largest peacetime engineering project ever undertaken by man. An estimated three-fourths of a million parcels of land, approximately 1,500,000 acres, will be condemned for highway right-of-way over the …
Notable Legislation Of 1962, Harry L. Snead Jr.
Notable Legislation Of 1962, Harry L. Snead Jr.
University of Richmond Law Review
Unless otherwise indicated, the statutes and amendments noted below will be effective on June 29, 1962. All code refer- ences are to the 1950 Code of Virginia.
Virginia's New Last Clear Chance Doctrine, William T. Muse
Virginia's New Last Clear Chance Doctrine, William T. Muse
University of Richmond Law Review
Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …
Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse
Negligence Per Se And The Virginia Motor Vehicle Code, William T. Muse
University of Richmond Law Review
Wigmore, writing in 1911, said: "The general question... whether an injury caused by the defendant while violating a [criminal] statute is actionable per se is a troublesome one, open to much argument, and not yet settled by any generally accepted principle."