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Articles 1 - 13 of 13
Full-Text Articles in Torts
Understanding Joint And Several Liability, Richard W. Wright
Understanding Joint And Several Liability, Richard W. Wright
All Faculty Scholarship
No abstract provided.
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Dalhousie Law Journal
Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the …
Canadian Tort Law: A Review For The Nineties, B T. Hill
Canadian Tort Law: A Review For The Nineties, B T. Hill
Dalhousie Law Journal
My purpose in writing this review follows from a tradition initiated by feminist scholars. My analysis of Canadian Tort Law. Cases, Notes and Materials begins with a survey of the casebook with commentary concerning its historical development as a casebook, focussing on instances where gender issues are raised. I then offer a critique concerning the lack of consideration and misappropriation of gender issues in the recently released 1990 edition of the casebook, using illustrative examples from the casebook and a selection of two feminists' critique of tort law. Some modest suggestions for improvement are made throughout the review, and the …
Book Reviews, Thomas G. Field Jr.
Book Reviews, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
Reviews of the following two books: VALUING HEALTH Risks. COSTS, AND BENEFITS FOR ENVIRONMENTAL DECISION MAKING (P. Brett Hammond and Rob Coppock, eds.) THE LIABILITY MAZE: THE IMPACT OF LIABILITY LAW ON SAFETY AND INNOVATION (Peter W. Huber And Robert E. Litan, eds.)
Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel
Right-Talk And Torts-Talk: A Commentary On The Road Not Taken In The Intellectual History Of Tort Law, Paul A. Lebel
Faculty Publications
No abstract provided.
Chapter 13'S Liberal Discharge Provisions And "Willful And Malicious" Tort Judgments: Creditor Classification As A Means Of Accounting For The Debtor's Egregious Action, Robert L. Miller
William & Mary Law Review
No abstract provided.
Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes
Lender Liability: The Dilemma Of The Controlling Creditor, J. Dennis Hynes
Publications
No abstract provided.
The Illusive Meaning Of The Term "Product" Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantu
The Illusive Meaning Of The Term "Product" Under Section 402a Of The Restatement (Second) Of Torts, Charles E. Cantu
Oklahoma Law Review
No abstract provided.
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Governmental Inaction As A Constitutional Tort: Deshaney And Its Aftermath, Thomas A. Eaton, Michael Wells
Scholarly Works
DeShaney v. Winnebago County Department of Social Services is the Supreme Court's first major effort to define the scope of state and local governments' affirmative obligations under the fourteenth amendment. The Court rejected liability against a county welfare agency and a caseworker for failing to prevent a father from severely beating his four-year-old son. The Court intimated that constitutional affirmative duties exist only where the plaintiff is in the state's custody. Scholarly commentary reads the case as announcing a sweeping prohibition against the imposition of affirmative duties in other contexts. Professors Eaton and Wells demonstrate that the DeShaney opinion is …
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
The Power Of Private Facts, Anita L. Allen
The Power Of Private Facts, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane
Real And Imagined Effects Of Statutes Restricting The Liability Of Nonmanufacturing Sellers Of Defective Products, John G. Culhane
John G. Culhane
No abstract provided.