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"Inevitable Inequities:" The Public Duty Doctrine And Sovereign Immunity In North Carolina, G. Braxton Price
"Inevitable Inequities:" The Public Duty Doctrine And Sovereign Immunity In North Carolina, G. Braxton Price
Campbell Law Review
This comment first examines the muddled past of the application of the public duty doctrine by the Court of Appeals and the Supreme Court of North Carolina with the aim of showing that it is unworkable, confusing, and unjust. Second, it suggests the Supreme Court of North Carolina should completely abrogate the public duty doctrine in deference to the legislature's intent to waive sovereign immunity to the extent it has done so in the Tort Claims Act. Finally, in its stead, an alternative approach is offered. The North Carolina Supreme Court should adopt a traditional negligence standard of reasonable care …
A Morass Of Confusion And Inconsistency: The Application Of The Doctrine Of Nullum Tempus Occurrit Regi In North Carolina, Thomas R. Young
A Morass Of Confusion And Inconsistency: The Application Of The Doctrine Of Nullum Tempus Occurrit Regi In North Carolina, Thomas R. Young
Campbell Law Review
Given the courts' and legislature's desire to maintain the doctrine of nullum tempus, the need for guiding principles of application is great. This article seeks to piece together the disparate guiding principles the courts have articulated regarding the nullum tempus doctrine from its initial introduction in North Carolina to the present time. Secondarily, the article will explore the case for modification of the current interpretation of the doctrine so as to provide a more uniform and consistent application to governmental actions. In so doing, an inquiry will be made into the approach other jurisdictions upholding nullum tempus take toward applying …