Torts Commons^™

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Required Joinder Of Claims, Dieter L. Hoegen

Michigan Law Review

In review we can say that within a comparatively broad field of the American law required joinder of claims is the rule. There are some exceptions. The German law has no rule of compulsory joinder of claims. Here, there are some exceptions, too. In this sense and within a field which is marked out by the American rule and the German exceptions, the relationship of rule and exceptions is reversed in the two systems.

Required Joinder Of Claims, Dieter L. Hoegen

Michigan Law Review

This comparative study is confined to the situation of one claimant against one claimee. The principles which will be considered seem to be rather well settled both in the American and the German law. The fact, however, that besides many a common result we shall find fundamental differences in the pertinent basic concepts of the American and German systems makes the discussion worthwhile. It may, at least, promote a reconsideration of the propriety of those concepts.

Book Reviews, Ferdinand F. Stone (Reviewer), Reginald Parker (Reviewer)

Vanderbilt Law Review

Governmental Liability By H. Street New York: Cambridge University Press, 1953. Pp. 221. $5.00.

reviewer: Ferdinand F. Stone

======================================

Roman Law and Common Law: A Comparison in Outline, Second Ed. By W. W. Buckland and Arnold D. McNair. Revised by F. H. Lawson New York: Cambridge University Press, 1952.Pp. xii, 439. $7.00.

reviewer: Reginald Parker

The Conflict Of Laws: A Comparative Study, Volume Ii, Foreign Corporations: Torts: Contracts In General, By Ernst Rabel, Martin Wolff

Indiana Law Journal

No abstract provided.

The Conflict Of Laws: A Comparative Study. Volume Two. Foreign Corporations: Torts: Contracts In General, Ernst Rabel

Michigan Legal Studies Series

Full application of comparative methods to the law of conflicts requires a working plan of some magnitude. We ought to take stock of the conflicts rules existing in the different countries of the world, state their similarities or dissimilarities, and investigate their purposes and effects. The solutions thus ascertained should moreover be subjected to an estimation of their usefulness, by the standards appropriate to their natural objective. Conflicts rules have to place private life and business relations upon the legal background suitable to satisfactory intercourse among states and nations. They are valuable to the extent that their practical functioning, rather …

The English Rule As To Liability For Unintended Consequences, George C. Tilley

Michigan Law Review

The question how far a defendant is liable in tort for the unintended consequences of his wrongful act, generally supposed to have been settled for England by the case of In re Polemis and Furness, Withy & Co., Ltd., has recently been reopened by the House of Lords decision in the case of Liesbosch Dredger v. S. S. Edison. Defendants, owners of the Edison, negligently sank the plaintiffs' dredger Liesbosch while the latter was being used by the plaintiffs in performance of a profitable contract to construct a harbor at Patras, Greece. There was evidence that, …

Boycott - Medical Association, Horace Lafayette Wilgus

Articles

The opinion of McCardie, J., (without a jury), in Pratt v. British Medical Association (1919), I K. B. 244, (noted in the MICHIGAN LAW REVIEW, June, 1919, p. 704), brilliantly reviewing the English cases, merits a fuller statement of the facts and principles involved than was possible in a short note. The action was by Doctors Burke, Pratt, and Holmes, against the British Medical Association and four of its officers, for damages for conspiracy, slander and libel.

Note And Comment, Joseph J. Kennedy, Samuel H. Morris, Burke W. Shartel, George S. Burgess

Michigan Law Review

Attendance at the Law School; An Extreme Case in the Application of the Safety Appliance Act; Advisory Opinions; Refusal of Specific Performance Where Subsequent Unexpected Events Render it Inequitable; Is Vasectomy a Cruel Punishment

Influence Of Social And Economic Ideals On The Law Of Malicious Torts, W. Gordon Stoner

Articles

"The existence and the alteration of human institutions," says DICEY, "must in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish."1 Undoubtedly, law, as much as any other human institution, has felt this influence of public opinion. The political, economical and ethical ideals of a people find expression in their laws. True it is that public opinion is usually, if not always, in the lead, but in a truly happy and contented society the distance is never great. As MAINE says, in progressive …

The Position Of The Law Of Torts In The Spanish System, Clyde Alton Dewitt

Michigan Law Review

The penal and civil codes of Spain, together with its procedural codes, its commercial and notarial codes, and its mortgage law combine to form as highly developed a system of jurisprudence as that enjoyed by any of the civilized nations of today. Under it, the people of our insular possessions have carried on an extensive domestic and foreign commerce, and have developed an organized social and political life. Our government has adopted the commendable policy of interfering as little as possible with the local laws and institutions of the Philippines and Porto Rico, it being evident that any extensive attempt …

Authority Of Allen V. Flood, Horace Lafayette Wilgus

Articles

In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?" This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.4 And, like the original question, it puzzled the judges and Lords very much to answer.