Torts Commons^™

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …

Apportionment Of Liability And The Intentional Torts: The Time Is Right For Change, Brian C. Crocker

Dalhousie Law Journal

In a tort action based solely on the Defendant's wrongful intentional conduct, both parties have been, until recently, at a decided disadvantage. There could be no apportionment of liability between the Plaintiff and Defendant. Fault concepts were seen in absolute terms. Either the Defendant was totally liable for the damages or he was not liable at all. Principles of apportionment of liability generally were not seen as applicable to the intentional torts. Thus, a Plaintiff's contributory fault was irrelevant in determining the Defendant's liability. Likewise, provocation was not a 'defence' and did not, in all jurisdictions, always reduce compensatory damages. …