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Full-Text Articles in Torts

The Choice Between Implied Warranty And Tort Liability For Recovery Of Pure Economic Loss In "Contract-Torts": A Comparison Of Judicial And Private Ordering In The Real Property Market, Norman Siebrasse Oct 1996

The Choice Between Implied Warranty And Tort Liability For Recovery Of Pure Economic Loss In "Contract-Torts": A Comparison Of Judicial And Private Ordering In The Real Property Market, Norman Siebrasse

Dalhousie Law Journal

The Supreme Court's decision in Winnipeg Condo. Corp. No. 36 v. Bird Construction expanded recovery for pure economic loss in tort by allowing a subsequent purchaser to recover the cost of repairing a dangerous defect arising out of negligence in the construction of a building. This article outlines the theoretical justifications for extended tort liability when the parties are linked by a contractual chain but are not in privity, and concludes that it is not possible to determine whether extended liability is desirable without considering the details of the market in question. A comparison between tort liability and the protection …


A Note On The Nineteenth Century Law Of Seduction, J M. Bumsted, Wendy J. Owen Oct 1996

A Note On The Nineteenth Century Law Of Seduction, J M. Bumsted, Wendy J. Owen

Dalhousie Law Journal

The authors examine Prince Edward Island's Seduction Act of 1876, which departed from the model of seduction legislation of other Canadian provinces. Based on study of the limited surviving court records they note a number of ways in which the tort of seduction operated differently in nineteenth century Prince Edward Island than it did elsewhere