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Articles 1 - 7 of 7

Full-Text Articles in Law

The Private Action Against A Securities Fraud Aider And Abettor: Silent And Inactive Conduct, Clyde A. Billings, Jr. Oct 1976

The Private Action Against A Securities Fraud Aider And Abettor: Silent And Inactive Conduct, Clyde A. Billings, Jr.

Vanderbilt Law Review

This Note will examine the origins of the aiding and abetting cause of action and the development of a theory of liability based solely upon passive conduct. After an examination of the elements of the cause of action and defenses, a proposed definition of "aiding and abetting" will be offered. The effect of the recent Supreme Court decision Ernst & Ernst v. Hochfelder upon aiding and abetting liability, the scienter requirement, and the duties owed by potential aiders and abettors will be discussed. Treatment of aiding and abetting by the Federal Securities Code 19 also is mentioned.


Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John E, Montgomery, David G. Owen Mar 1976

Reflections On The Theory And Administration Of Strict Tort Liability For Defective Products, John E, Montgomery, David G. Owen

South Carolina Law Review

No abstract provided.


Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti Jan 1976

Landlord-Tenant - Repairs - Landlord Could Be Liable Under Covenant To Repair For Injuries To Tenant's Invitees Caused By Breach Of Such Agreement, Valentine J. Moretti

Fordham Urban Law Journal

Can a landlord be held liable under a covenant to repair for injuries to his tenant's invitees caused by the landlord's failure to repair? The new rule in New York answers yes. This case note examines the new rule in New York as held in the New York Court of Appeals' decision in Putnam v. Stout, 38 N.Y.2d 607 (1976). The Putnam decision indicates that once a landlord covenants to keep the premises in a safe condition and has received notice of the need for repairs, the landlord will be liable in tort for his breach of the covenant to …


Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy Jan 1976

Insurance--Effective Termination--Temporary Contract Of Life Insurance Requires Both Notice And Refund Of Premium For Termination, Thomas F. Cassidy

Fordham Urban Law Journal

Plaintiff Dolores Smith appealed from a judgment in a favor of the Westland Life Insurance Company after a nonjury trial. Mrs. Smith, as the widow and administratrix of the estate of her husband, sought recovery of $10,000 under a temporary life insurance contract. Mr. Smith had paid the first month’s premium and received a conditional receipt, also known as a binder or a binding receipt, from a soliciting agent of Westland on April 8, 1963. However, due to the hazardous nature of Smith’s employment as a railroad laborer, Westland issued him a modified policy, with increased premiums, on April 24. …


Wrongful Refusal To Settle: The Implications Of Grundy In Kentucky, Katharine R. Crawford Jan 1976

Wrongful Refusal To Settle: The Implications Of Grundy In Kentucky, Katharine R. Crawford

Kentucky Law Journal

No abstract provided.


Warsaw Convention―Air Carrier Liability For Passenger Injuries Sustained Within A Terminal, Janice Cousins Jan 1976

Warsaw Convention―Air Carrier Liability For Passenger Injuries Sustained Within A Terminal, Janice Cousins

Fordham Law Review

No abstract provided.


Corporations And The Criminal Law: An Uneasy Alliance, James R. Elkins Jan 1976

Corporations And The Criminal Law: An Uneasy Alliance, James R. Elkins

Kentucky Law Journal

No abstract provided.