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Articles 1 - 7 of 7
Full-Text Articles in Torts
Seat Belts And Contributory Negligence, Frank Edward Jolliffe
Seat Belts And Contributory Negligence, Frank Edward Jolliffe
West Virginia Law Review
No abstract provided.
Comments On Maki V. Frelk, Harry Kalven Jr.
Comments On Maki V. Frelk, Harry Kalven Jr.
Vanderbilt Law Review
My first reaction to the performance of the Illinois Appellate Court in Maki v. Frelk was to recall the old joke about the man who, when asked if he believed in baptism, replied: "Believe in it, hell, I've seen it done!" In any event the decision provides a twin stimulus to the commentator: first, to say something about the limits of common law change, and second, to say something about comparative negligence itself. Despite the spectacular novelty of the court's action, these re-main well-worn topics on which it will not be easy to say anything fresh. I am, however, moved …
Comment, Robert E. Keeton
Comment, Robert E. Keeton
Vanderbilt Law Review
Part of the price we pay for a system wisely dedicated to even-handed justice under law is that courts often fail to identify those exceptional cases in which the highest aims of the system are served rather than threatened by a judicial break with precedent. Thus it happens that in the long, slow story of law reform, a recent case in the Illinois courts raised hopes for a rare and distinctive breakthrough. In Maki v. Frelk, responding to an invitation from the state's supreme court to reexamine the well entrenched rule that contributory negligence of an injured person is a …
Comment, James Fleming Jr.
Comment, James Fleming Jr.
Vanderbilt Law Review
Within the past few years, courts have put nearly the whole field of products liability on a strict liability basis, free from the restrictions of privity; they have reversed the rule of non-liability for pre-natal injuries; they have virtually destroyed charitable immunity, while making serious inroads on governmental immunity. Some, of course, have deplored the role of courts in making these changes, and they will probably applaud the Illinois Supreme Court's decision in the Maki case. But for those of us who accept or welcome the present regeneration of judicial law making in the field of torts, further questions are …
Comments On Maki V. Frelk--Comparative V.Contributory Negligence: Should The Court Or Legislature Decide?, Fleming James Jr., Harry Kalven Jr., Robert E. Keeton, Robert A. Leflar, Wex S. Malone, John W. Wade
Comments On Maki V. Frelk--Comparative V.Contributory Negligence: Should The Court Or Legislature Decide?, Fleming James Jr., Harry Kalven Jr., Robert E. Keeton, Robert A. Leflar, Wex S. Malone, John W. Wade
Vanderbilt Law Review
Believing that the holdings and opinions in the case of Maki v. Frelkare significant legal developments, the Vanderbilt Law Review has solicited comments on these decisions, which it is now pleased to publish. These comments by six distinguished torts teachers and writers bear on the relative merits of comparative and contributory negligence, but more importantly, they discuss whether the judicial or legislative method is most appropriate for adoption of a rule of comparative negligence. It is hoped that these comments will be used as a sound basis for action, whether the problem arises before the courts or legislatures.
Comment, Wex S. Malone
Comment, Wex S. Malone
Vanderbilt Law Review
There is no discernible reluctance by courts to direct verdicts on the issue of the plaintiff's carelessness in suits by invitees against proprietors of business premises. The writer has had occasion to examine a representative group of about two hundred cases in this area where contributory negligence was seriously in issue. In more than a third of these disputes the appellate courts had either approved the trial judge's action in directing a defendant verdict, or had reversed a judgment for plaintiff because the trial court had allowed the controversy to reach the jury on the contributory negligence issue. I have …
Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein
Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein
Law Faculty Publications
The past decade has seen dramatic developments in the law of products liability. There has been liberalization of the exclusive control requirement of res ipsa Ioquitur, Iegislative and judicial relaxation of the privity requirement, and creation of a new theory of recovery - strict liability in tort. Consequently, many jurisdictions now offer three theories of recovery to persons injured through use of a defective product: negligence, breach of warranty, and strict liability in tort. Although the recent products liability developments have been extensively treated both by courts and by commentators, numerous problems remain. One of the most pressing problems is …