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1979

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Torts

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Full-Text Articles in Law

Defamation In Broadcasting, Keith R. Evans Nov 1979

Defamation In Broadcasting, Keith R. Evans

Dalhousie Law Journal

The law of defamation is not new to the world, nor limited to certain nations: Moses commanded: "Neither shalt thou bear false witness against thy neighbour." The Far East punished slander. The Twelve Tables of Rome recognized defamation. Early Anglo- Saxon and Germanic laws took a serious view of insult by word or gesture. Punishment included excision of the tongue. In England, a book on libel was written three hundred years ago. Under a French ordinance of the past century the publication of a libel was punished by whipping and on a second offence with death. ' Obviously, the consequences …


Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman Oct 1979

Markert V. Johnston, 367 So. 2d 1003 (Fla. 1978), Jane Cameron Hayman

Florida State University Law Review

Torts-CIVIL PROCEDURE- NONJOINDER OF MOTOR VEHICLE LIABILITY INSURERS HELD UNCONSTITUTIONAL


Tort Liability And Recreational Use Of Land, Michael S. Buskus Oct 1979

Tort Liability And Recreational Use Of Land, Michael S. Buskus

Buffalo Law Review

No abstract provided.


Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss Oct 1979

Auburn Machine Works Co. V. Jones, 366 So. 2d 1167 (Fla. 1979), Thomas R. Criss

Florida State University Law Review

Torts-PRODUCTS LIABILITY- FLORIDA REJECTS THE PATENT DANGER DOCTRINE


Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr. Oct 1979

Intrafamily Tort Immunity In Virginia: A Doctrine In Decline, Evans L. King Jr.

William & Mary Law Review

No abstract provided.


Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton Sep 1979

Comparative Causation, Indemnity, And The Allocation Of Losses Between Joint Tortfeasors In Products Liability Cases., Timothy Patton

St. Mary's Law Journal

Abstract Forthcoming.


Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr. Sep 1979

Economic Loss, 402a, And An Unreasonably Dangerous Product: Can Mid Continent Aircraft, Signal Oil, And Nobility Homes Be Reconciled., J. Nevin Shaffer Jr.

St. Mary's Law Journal

Abstract Forthcoming.


Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini Sep 1979

Recovery Of Consequential Damages In Breach Of Implied Warranty Action Disallowed To Extent Buyer's Negligence Was Concurring Proximate Cause., Karen Angelini

St. Mary's Law Journal

Abstract Forthcoming.


Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe Sep 1979

Applying Strict Liability To Defective Products Litigation In West Virginia With Explanatory Emphasis Upon Coal Mining Machinery Cases, Richard E. Rowe

West Virginia Law Review

No abstract provided.


Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist Jul 1979

Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist

Buffalo Law Review

No abstract provided.


Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford Jul 1979

Scope Of The Physician’S Duty To Reduce Risks Posed By Epileptic Drivers, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.


Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn Jul 1979

Contractual Liability Of Physicians: The Interface Of Tort And Contract, David N. Wynn

Buffalo Law Review

No abstract provided.


Role Of Misuse In Products Liability Litigation, David A. Fischer Jul 1979

Role Of Misuse In Products Liability Litigation, David A. Fischer

Faculty Publications

Misuse is puzzling. Sometimes it cuts off liability and sometimes it does not, but courts have failed to clarify exactly what sort of conduct qualifies as the type of misuse that bars recovery. Generally speaking misuse takes two forms, abnormal use and mishandling. Abnormal use comes about when a product is used for an improper purpose; mishandling comes about when a product is used for a proper purpose but in an improper manner. Under this definition defendants can claim that virtually any unusual handling or use of a product constitutes misuse. Yet courts will not always accept this characterization. They …


Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr. Jun 1979

Renewed Judicial Controversy Over Defective Product Design: Toward The Preservation Of An Emerging Consensus, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.


Probability Theory Meets Res Ipsa Loquitur, David Kaye Jun 1979

Probability Theory Meets Res Ipsa Loquitur, David Kaye

Michigan Law Review

This Article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. It does not urge that jurors be instructed in probability theory or be equipped with microprocessors. Rather, it seeks an accurate statement of the res ipsa doctrine in ordinary language. In particular, this Article will show that the conventional formulation of the doctrine is misleading at best, and should be replaced with a more careful statement of the conditions warranting the res ipsa inference. To this end, Section I briefly surveys the legal doctrine, or, more precisely, …


An Expert's Reputation, Malcolm Merry May 1979

An Expert's Reputation, Malcolm Merry

Dalhousie Law Journal

"Comment is free, but facts are sacred" is both a good working tale for journalists and a fairly accurate encapsulation of their obligations under the law of libel. The difficulty of course lies in sorting out fact from comment. It was this difficulty that faced the Nova Scotia courts in Barltrop v. Canadian Broadcasting Corporation, 1 and the appeal judges came up with a different answer from the trial judge. The case was one of the legal reverberations of the controversy about lead poisoning in Toronto during 1974. The C.B.C.'s programme "As It Happens" broadcast a special feature on the …


Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel Apr 1979

Pain And Profit: The Politics Of Malpractice, Ruth L. Gokel

Florida State University Law Review

By Sylvia Law and Steven Polan. New York: Harper & Row, Publishers. 1978. Pp xiv, 305. $12.95.


Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard Apr 1979

Recovery For Negligent Infliction Of Emotional Distress: Changing The Impact Rule In Indiana, David B. Millard

Indiana Law Journal

No abstract provided.


Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre Apr 1979

Mapoles V. Mapoles, 360 So. 2d 1137 (Fla. 1st Dist. Ct. App. 1977), Helio De La Torre

Florida State University Law Review

Torts-STRICT LIABILITY-DOG OWNERS VIRTUAL INSURERS FOR ANY DAMAGE CAUSED BY THEIR DOGS


Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr. Apr 1979

Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr.

Scholarly Works

Responsibility for damage caused by the misconduct of local government officers and employees has long been a concern of the law and of legal observers. According to most accounts, Anglo-American law historically has responded with two diverse rules: immunity for the governments, and liability for the official; both, however, are only points of departure. Although both rules are well established, each carries its own qualifications and the precise relationship between the two is a matter of some controversy.


From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review Apr 1979

From Feres To Stencel: Should Military Personnel Have Access To Ftca Recovery, Michigan Law Review

Michigan Law Review

This Note reevaluates the Feres doctrine in light of legal developments of the past three decades. It concludes that the FTCA should be extended to military claims. It discusses the arguments that military claims will burden vital government functions and shows that the exception to liability under the present FTCA, particularly the exception for "discretionary actions" by government employees, would adequately protect all legitimate military interests.


Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen Mar 1979

Refining The Traditional Theories Of Recovery For Consumer Mental Anguish, Val John Christensen

BYU Law Review

No abstract provided.


Xv. Torts Mar 1979

Xv. Torts

Washington and Lee Law Review

No abstract provided.


The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode Mar 1979

The Groundless Case - The Lawyer's Tort Duty To His Client And To The Adverse Party., E. Wayne Thode

St. Mary's Law Journal

Abstract Forthcoming.


Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark Mar 1979

Either Spouse May Recover For Negligent Impairment Of Consortium., B. Will Clark

St. Mary's Law Journal

Abstract Forthcoming.


Survey Of Developments In West Virginia Law: 1978 Feb 1979

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.


Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael Jan 1979

Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael

Loyola University Chicago Law Journal

No abstract provided.


Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin Jan 1979

Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin

Loyola University Chicago Law Journal

No abstract provided.


Products Liability--Functionally Imposed Strict Liability, David A. Fischer Jan 1979

Products Liability--Functionally Imposed Strict Liability, David A. Fischer

Faculty Publications

Many manufacturers and insurance companies claim that a products liability crisis exists. This is evidenced by soaring products liability insurance rates. They express the fear that as insurance becomes unavailable or prohibitively expensive, useful products will be withheld from the market and some manufacturers may even be forced out of business. Such critics of the tort system are calling for modifications of the common law in order to give greater protection to manufacturers. A more drastic approach, vigorously championed by Professor Jeffrey O'Connell, calls for total or partial abolition of the tort system and substitution with various forms of no-fault …


Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability Jan 1979

Staff Report Of The Joint Committee On Tort Liability To The Governor And Legislature, Joint Committee On Tort Liability

California Joint Committees

No abstract provided.