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Full-Text Articles in Law
Third-Party Liability And Adjustments Between Different Employers And Insurance Carriers In Tennessee, William J. Harbison
Third-Party Liability And Adjustments Between Different Employers And Insurance Carriers In Tennessee, William J. Harbison
Vanderbilt Law Review
In this article the author discusses the Tennessee law as to the relative positions of employers and third party tort feasors in workmen's compensation situations. After discussing the employer's right to subrogation to his employee's right of action, the employer's right to a lien on any recovery in such an action, and the right of the third party to indemnity from the employer, he concludes by treating the problem of joint and successive employers, taking special note of the heretofore untapped resources of the Tennessee Second Injury Fund.
Torts -- 1962 Tennessee Survey, Dix W. Noel
Torts -- 1962 Tennessee Survey, Dix W. Noel
Vanderbilt Law Review
Most of the tort cases during the survey period do not involve any significant changes in the law. Mindful of the necessity of stability and predictability, and of a tradition of even-handed continuity, our courts have been naturally hesitant to upset established rules. However, in a few areas (injuries to unborn children, application of the immunity doctrine to a minor whose disability is removed, scope of liability for negligent misrepresentation) the courts have been faced with new problems and changed conditions. In these areas the decisions frankly accept responsibility for some development of legal doctrine to keep it responsive to …
Liability Of Unincorporated Association For Tortious Injury To A Member, Judson A. Crane
Liability Of Unincorporated Association For Tortious Injury To A Member, Judson A. Crane
Vanderbilt Law Review
Whether a partnership should be treated as a legal entity has been discussed in connection with the drafting of the Uniform Partnership Act' and its interpretation. It seems that the act is in some respects consistent with the entity theory, particularly in the creation of "tenure in partnership" of the joint property. As to liability of the partnership for tortious injury of a member by the partners or partnership employees, it seems clearly to have adopted the non-entity or aggregate approach. Section 13 provides that the partnership is liable for loss or injury by wrongful act or omission caused --to …