Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (2)
- Arts and Humanities (1)
- Business (1)
- Civil Law (1)
- Comparative and Foreign Law (1)
-
- Courts (1)
- Criminal Law (1)
- Ethics and Political Philosophy (1)
- Health Law and Policy (1)
- Insurance (1)
- Insurance Law (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Philosophy (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Studies (1)
- Legal Theory (1)
- Philosophy (1)
- Psychology (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
- Theory and Philosophy (1)
- Institution
- Publication
- Publication Type
Articles 1 - 12 of 12
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
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
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
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
Reconceptualizing Federal Preemption Of Tort Claims As The Government Standards Defense, Lars Noah
William & Mary Law Review
No abstract provided.
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
LLM Theses and Essays
Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …
Federal Influences On The Treatment Of Law And Fact In Tort Litigation, Robert E. Keeton
Federal Influences On The Treatment Of Law And Fact In Tort Litigation, Robert E. Keeton
Maryland Law Review
No abstract provided.
Real World Torts: An Antidote To Anecdote, Marc Galanter
Real World Torts: An Antidote To Anecdote, Marc Galanter
Maryland Law Review
No abstract provided.
The Road To Federal Product Liability Reform, Victor E. Schwartz, Mark A. Behrens
The Road To Federal Product Liability Reform, Victor E. Schwartz, Mark A. Behrens
Maryland Law Review
No abstract provided.
Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks
Utility And Community: Musings On The Tort/Crime Distinction, Stephen G. Marks
Faculty Scholarship
In this Paper, I propose the following two step procedure to explain both the inclusion and exclusion of criminal utility. As a first step, I posit a full compliance utility function. This utility function includes all utilities for all activities and incorporates an assumption that all members of society will forego prohibited activities. Aa s preliminary matter, I will also presuppose common information and shared values within the community. I suggest that maximization of full compliance social utility determines what society prohibits. As a second step, I strip the social utility function of the utility from prohibited activities and drop …
Torts: Moss V. City Of Oklahoma City Marks The Demise Of The General Tort Liability Release, Erika Blomquist
Torts: Moss V. City Of Oklahoma City Marks The Demise Of The General Tort Liability Release, Erika Blomquist
Oklahoma Law Review
No abstract provided.
On The Genealogy Of Moral Hazard, Tom Baker
On The Genealogy Of Moral Hazard, Tom Baker
All Faculty Scholarship
No abstract provided.
Torts: Anderson V. Eichner--Although Faculty Physicians, Resident Physicians, And Interns Face Private Tort Liability For Medical Malpractice, The State Is Immune, Christa L. Britton
Torts: Anderson V. Eichner--Although Faculty Physicians, Resident Physicians, And Interns Face Private Tort Liability For Medical Malpractice, The State Is Immune, Christa L. Britton
Oklahoma Law Review
No abstract provided.
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
The Supreme Court And Our Culture Of Irresponsibility, Mary J. Davis
Law Faculty Scholarly Articles
This article chronicles the Supreme Court's expansion of the “culture of irresponsibility,” where institutional defendants are freed from tort liability with no check on the abuse of such immunity. Professor Davis describes the Court's progression toward immunity in products liability decisions of the past decade including East River Steamship, Boyle, Cipollone, and Lohr. Noting the effect of the Court's decisions in promoting institutional irresponsibility, Professor Davis encourages the Court to use its “cultural influence” and reconsider its broad extension of immunity which has spread to situations and institutional defendants the Court never imagined.