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Articles 1 - 30 of 70
Full-Text Articles in Torts
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle
Washington Law Review
In Lenhardt v. Ford Motor Co., the Supreme Court of Washington held that evidence of industry custom is inadmissible in a strict product liability case. The Washington court held that the custom of the industry is not always a relevant factor in determining the reasonable expectations of the ordinary consumer. The court reasoned that admitting evidence of industry or manufacturers' customs and practices would improperly shift the inquiry from the reasonableness of the buyer's expectations to the reasonableness of the seller's conduct. The court recognized that this shift in focus would introduce concepts of fault that are relevant in a …
Recovery For "Loss Of Chance" In A Wrongful Death Action—Herskovits V. Group Health, 99 Wn. 2d 609, 664 P.2d 474 (1983), Linda M. Roubik
Recovery For "Loss Of Chance" In A Wrongful Death Action—Herskovits V. Group Health, 99 Wn. 2d 609, 664 P.2d 474 (1983), Linda M. Roubik
Washington Law Review
In Herskovits v. Group Health, the Washington Supreme Court held that loss of a less-than-50% chance of survival is a compensable injury under the Washington wrongful death statute. The court did not agree, however, on the proper method for determining causation in a loss of chance case. Neither of the two methods of causation analysis proposed by the court is satisfactory. Recovery for loss of a less-than-50% chance of survival is not possible under traditional causation principles, and should be allowed only if a court is willing to adopt a possibility standard of proof and adjust damages to reflect the …
Contributory Negligence And Mitigation Of Damages: Comparative Negligence Through The Back Door?, Paul A. Lebel
Contributory Negligence And Mitigation Of Damages: Comparative Negligence Through The Back Door?, Paul A. Lebel
Popular Media
No abstract provided.
United States V. Shearer, Lewis F. Powell Jr.
United States V. Shearer, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.
Atascadero State Hospital V. Scanlon, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Landlord Liability For Crime To Florida Tenants -- The New Duty To Protect From Foreseeable Attack, Kevin Odonnell
Landlord Liability For Crime To Florida Tenants -- The New Duty To Protect From Foreseeable Attack, Kevin Odonnell
Florida State University Law Review
No abstract provided.
Insurance Co. Of North America V. Pasakarnis, 451 So. 2d 447 (Fla. 1984), David M. Shapiro
Insurance Co. Of North America V. Pasakarnis, 451 So. 2d 447 (Fla. 1984), David M. Shapiro
Florida State University Law Review
Torts/Evidence-SEAT BELT DEFENSE-WHETHER THEY KNOW IT OR NOT, FLORIDA MOTORISTS MUST "BUCKLE UP" OR RISK LOSS OF FULL RECOVERY
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida's Approach To Choice-Of-Law Problems In Tort, Harold P. Southerland, Jerry J. Waxman
Florida State University Law Review
No abstract provided.
Tort Liability Of Institutional Review Boards, Linda Bordas
Tort Liability Of Institutional Review Boards, Linda Bordas
West Virginia Law Review
No abstract provided.
Unit Owner's Liability For Tort Claims Arising From Common Elements Due To Negligence Of Owner's Association Limited To Proportionate Ownership In Common Elements Symposium - Selected Topics On Land Use Law - Case Note., Jacquelyn L. Bain
St. Mary's Law Journal
No abstract provided.
Computing Lost Future Earnings In Light Of Jones & Laughlin Steel Corp. V. Pfeifer, Patrick J. Maxwell
Computing Lost Future Earnings In Light Of Jones & Laughlin Steel Corp. V. Pfeifer, Patrick J. Maxwell
Florida State University Law Review
No abstract provided.
Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell
Products Liability And The First Amendment: The Liability Of Publishers For Failure To Warn, Lisa A. Powell
Indiana Law Journal
No abstract provided.
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
Washington Law Review
Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
Washington Law Review
This Comment examines and analyzes the two judicially created limitations on governmental tort liability in Washington. It concludes that the discretionary governmental acts immunity is a proper limitation on governmental tort liability, but that the public duty doctrine should be abandoned.
Autopsy Of A Plain English Insurance Contract: Can Plain English Survive Proximate Cause?—Graham V. Public Employees Mut. Ins. Co., 98 Wn. 2d 533, 656 P.2d 1077 (1983), Lynn B. Squires
Washington Law Review
This Note first analyzes the majority's introduction of a tort concept of proximate cause for deciding insurance cases-and for covertly making public policy. Second, the Note analyzes the dissent's failure to modify its traditional contract analysis to meet the needs of consumers who purchase standard form contracts. The Note recommends the use of an adhesion contract analysis and a common sense test of causation for deciding consumer insurance cases. The Note considers the insurance industry's dilemma as it attempts to respond to plain language legislation while still controlling its exposure to liability. The Note considers as well the public in …
Torts—Tort Of Bad Faith In First Party Actions Recognized, Chet Roberts
Torts—Tort Of Bad Faith In First Party Actions Recognized, Chet Roberts
University of Arkansas at Little Rock Law Review
No abstract provided.
Physician Owes Duty Of Care To Third Party When His Negligence In Failing To Warn Patient Not To Drive Contributes To Third Party's Injury., Kevin L. Kelley
Physician Owes Duty Of Care To Third Party When His Negligence In Failing To Warn Patient Not To Drive Contributes To Third Party's Injury., Kevin L. Kelley
St. Mary's Law Journal
Abstract Forthcoming.
Allegation Of Negligent Operating Procedures In Slip And Fall Actions After Corvin V. Safeway Stores.Allegation Of Negligent Operating Procedures In Slip And Fall Actions After Corvin V. Safeway Stores., Liska F. Lusk
St. Mary's Law Journal
Abstract Forthcoming.
A Day Of Reckoning Is Near: Rico, Treble Damages, And Securities Fraud
A Day Of Reckoning Is Near: Rico, Treble Damages, And Securities Fraud
Washington and Lee Law Review
No abstract provided.
The Role Of Treble Damages In Legislative And Judicial Attempts To Deter Insider Trading
The Role Of Treble Damages In Legislative And Judicial Attempts To Deter Insider Trading
Washington and Lee Law Review
No abstract provided.
The Unwarranted Abrogation Of Interspousal Tort Immunity: Fernandez V. Ramo, Michael L. Schwab
The Unwarranted Abrogation Of Interspousal Tort Immunity: Fernandez V. Ramo, Michael L. Schwab
BYU Law Review
No abstract provided.
Action Accrual Date For Written Warranties To Repair: Date Of Delivery Or Date Of Failure To Repair?, Carey A. Dewitt
Action Accrual Date For Written Warranties To Repair: Date Of Delivery Or Date Of Failure To Repair?, Carey A. Dewitt
University of Michigan Journal of Law Reform
This Note argues that the statute of limitations for an action for breach of a repair warranty should begin to run not when the goods are delivered (on-delivery rule), but when the manufacturer has failed to repair the goods (failure-to-repair rule). Part I considers the current division of authority relating to the action accrual date (the date at which the limitations period begins) for repair warranties. It analyzes the issue of whether the repair warranty is a species of future performance warranty under section 2-725(2) and examines non-Code law on repair promises. Part II discusses the advantages and disadvantages of …
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
Washington Law Review
This article will present the different positions that courts have taken during these recent years of experimentation in landlord premises liability, discuss how courts have become muddled in sorting out the various theories, and propose a system of liability that would be fair and soundly based on modem policy considerations. We shall first place the question in context by considering the traditional theories of liability. We will then discuss the statutory impact on landlord responsibility and consider the recent tort and warranty theories that set the stage for the period of experimentation. Our ultimate objective is to arrive at ,a …
The Tort Liability Of Investigative Reporters, John W. Wade
The Tort Liability Of Investigative Reporters, John W. Wade
Vanderbilt Law Review
One of the most significant developments in recent years, in both constitutional and tort law, began with the holding in New York Times v. Sullivan that the first amendment places substantial restrictions on the common law tort action for defamation. Although the ramifications of New York Times are still developing,that continuing reform of the law of defamation will result is to be expected. The readjustment of the balancing of conflicting interests that New York Times represents came about at the behest of the press,and the press have been the primary beneficiaries of these developments. Indeed, some commentators contend that the …
The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein
The Reemergence Of Nuisance Law In Environmental Litigation, Alan Weinstein
Law Faculty Articles and Essays
In the summer of 1980, Chicago's beaches were fouled by raw and inadequately treated sewage, allegedly discharged into Lake Michigan by the Hammond (Indiana) Sanitary District. Clearly, Illinois and Chicago officials wanted to stop pollution of the lake. Surprisingly, they turned to the common law of nuisance, rather than to a regulatory agency or a statutory citizens' suit to obtain relief, charging the city of Hammond and the sanitary district with violations of the Illinois common law of nuisance. While planners are generally familiar with the application of common law nuisance doctrines to resolve disputes between conflicting uses of land, …
The Measure Of Recovery Under Rule 10b-5: A Restitution Alternative To Tort Damages, Robert B. Thompson
The Measure Of Recovery Under Rule 10b-5: A Restitution Alternative To Tort Damages, Robert B. Thompson
Vanderbilt Law Review
The thesis of the Article is that much of the confusion about rule 10b-5 remedies turns on the courts' failure to recognize adequately that the rule derives from two separate and independent sources at common law. Rule 10b-5 draws primarily on tort concepts that focus on harm to the plaintiff and limit recovery by principles of legal causation. In addition, the rule, like common-law fraud, traces its lineage to principles based on unjust enrichment. This second source focuses on the defendant's gain and requires the defendant to return all benefit received through the fraudulent transaction, even if that gain exceeds …
What Types Of Losses Are Recoverable Under Arkansas' Products Liability Law, Rodney A. Smolla
What Types Of Losses Are Recoverable Under Arkansas' Products Liability Law, Rodney A. Smolla
Scholarly Articles
Not available.
New Settlement Statute: Its History And Effect, David A. Fischer
New Settlement Statute: Its History And Effect, David A. Fischer
Faculty Publications
The statute concerning releases in multiple tortfeasor cases was amended to encourage settlements in two ways. It protects the settling tortfeasor from future liability for contribution, and it protects the settling claimant from having future judgments against non-settling tortfeasors reduced by more than an amount ascertainable at the time of the settlement. This article discusses the operation of the new statute and its relation to the law of contribution, indemnity, and comparative fault in Missouri.
Casenotes: Torts — Defamation — Comments Made While Petitioning A Legislative Body For A Redress Of Grievances Are Absolutely Privileged. Sherrard V. Hull, 53 Md. App. 553, 456 A.2d 59, Aff'd Per Curiam, 296 Md. 189, 460 A.2d 601 (1983), Michael A. Duff
University of Baltimore Law Review
No abstract provided.