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Full-Text Articles in Law
Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar
Elimination Of The Distinctions Between Trespassers, Licensees, And Invitees - Landowner Has A Duty Of Reasonable Care To Foreseeable Entrants., Lawrence Likar
St. Mary's Law Journal
A pure negligence approach to bystander recovery imposes an undue burden upon a merely negligent defendant. Third parties, who suffer emotional distress after witnessing someone suffer an injury, lack standing to sue if they themselves suffered no physical injury. Under a pure negligence approach, however, bystanders now have a claim for negligent infliction of emotional distress. Nonetheless, this method of recovery exceeds the scope of the general principles of negligence law. For instance, a secondary reaction to a specific traumatic stimulus is not foreseeable and is heavily dependent upon an individual's prior mental conditioning. The law requires more than mere …
Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk
Implied Covenant Of Development And Further Exploration - Dilemma Or Solution., James Irwin Calk
St. Mary's Law Journal
The typical oil and gas lease does not specifically enumerate the lessee’s obligations regarding development and further exploratory activity after initial production has been achieved on the lease. However, several jurisdictions, including Texas, have found these obligations as implied under a general covenant of development. The majority standard in determining a breach of this covenant is the reasonable prudent operator rule. Most importantly, can the operator reasonably expect profits from further exploration. In Texas, the burden of proving an expectation of profits falls on the lessor. However, as the Texas Supreme Court has not fully addressed the issue, there may …
Military Retired Pay In Texas: A New Outlook., Joseph F. Sage
Military Retired Pay In Texas: A New Outlook., Joseph F. Sage
St. Mary's Law Journal
Texas courts have solidified the rule that retirement benefits are community property, subject to judicial division on divorce. The courts have largely overlooked an area of federal law and regulation involving the distinction between retirement from active duty and absolute retirement from service. Generally, regularly commissioned officers remain in the military even after retiring from active duty, while officers with reserve commissions terminate their military commitment upon retirement. Texas courts have not observed the distinction between the retirement benefits for regular and reserve officers, which are correctly labeled retired pay and retirement pay, respectively. Hence, current wages fall outside of …
Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.
Divided Damages - The Albatross Of The Modern Mariner., Howard E. Davis Jr.
St. Mary's Law Journal
Since 1854, the United States has followed the English rule regarding ship collision cases: where both vessels involved in a collision are at fault, each party is responsible for one-half of the total damages regardless of its respective degree of blame. At the time, the rule was considered necessary to provide just and equitable results in admiralty litigation. However, the harshness of the rule justifies its disregard in favor of more equitable remedies. The problem with divided damages can be illustrated by the following scenario: a small pleasure craft and an oil tanker collide. The pleasure craft is only slightly …