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Full-Text Articles in Torts
Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Contributory Negligence, Comparative Negligence, And Stare Decisis In North Carolina, Steven Gardner
Campbell Law Review
Part I of this article examines the contributory negligence doctrine and its history in the United States and North Carolina. Part II describes some of the criticism levelled at the contributory negligence doctrine. Part III examines the comparative negligence doctrine, including a-description of the types of comparative negligence systems, a history of the doctrine, and a look at the history of comparative negligence bills in the North Carolina General Assembly, concentrating on the several comparative negligence bills introduced in the 1980s and one of the principal arguments made against the bills. Part IV discusses North Carolina's stare decisis jurisprudence and …
Municipal Liability For Negligent Inspections In Sinning V. Clark - A 'Hollow' Victory For The Public Duty Doctrine, Frank Swindell
Municipal Liability For Negligent Inspections In Sinning V. Clark - A 'Hollow' Victory For The Public Duty Doctrine, Frank Swindell
Campbell Law Review
This Note examines the North Carolina Court of Appeal's decision in Sinning v. Clark. First, the Note briefly reviews governmental immunity in code enforcement cases. Second, the Note provides an historical overview of the public duty doctrine and examines the legal analysis which other jurisdictions have used to reject the public duty doctrine in inspection cases. Next, the Note discusses North Carolina's concept of governmental immunity and surveys North Carolina's application of the public duty doctrine, including the doctrine's application in Lynn v. Overlook Development. Fourth, the Note analyzes the Sinning court's application of the public duty doctrine in light …
Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye
Judicial Boilerplate Language As Torts Decisional Litany: Four Problem Areas In North Carolina, Charles E. Daye
Campbell Law Review
This article discusses four selected examples from the tort law of North Carolina. These examples isolate instances in which the result of a case might not have warranted the language used or when the language of the cases was picked up and carried forward in subsequent cases without adequate analysis. Perhaps attorneys can point out these problems to the courts, and perhaps the courts might choose to make helpful clarifications.
Consumer Choice In The North Carolina Auto Insurance Market, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse, Bradley Miliauskas
Consumer Choice In The North Carolina Auto Insurance Market, Jeffrey O'Connell, Stephen Carroll, Michael Horowitz, Allan Abrahamse, Bradley Miliauskas
Campbell Law Review
No abstract provided.