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Full-Text Articles in Law
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
Advocating The Rights Of The Injured, Benjamin Marcus
Advocating The Rights Of The Injured, Benjamin Marcus
Michigan Law Review
When workmen's compensation was first introduced a half century ago, it was felt necessary to cushion the shock in a number of ways. One of these was the idea of a bargain, an exchange, in which the worker, to obtain the new remedy based on liability without fault, gave up his existing remedy, the right to a tort action against his employer for a negligent injury. It is time that the terms of that bargain be re-examined.
Abstracts, Katharine Loomis
Abstracts, Katharine Loomis
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The recent decisions consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Master And Servant - Liability For Torts Of Servant - Scope Of Employment, Robert E. Sipes
Master And Servant - Liability For Torts Of Servant - Scope Of Employment, Robert E. Sipes
Michigan Law Review
Defendant corporation was an owner and operator of taxicabs. One of its cabs was hailed by another taxicab driver to pursue the latter's taxicab which had just been stolen from him. During the pursuit defendant's taxicab struck plaintiff's car. Plaintiff seeks to recover from defendant for the damage to his car. Held, the driver of the cab was not acting in the scope of his employment so defendant cannot be held. Bindert v. Elmhurst Taxi Corp., (N. Y. Mun. Ct. 1938) 6 N. Y. S. (2d) 666.
The Uncompensated Industrial Injury, Stanley Law Sabel
The Uncompensated Industrial Injury, Stanley Law Sabel
Michigan Law Review
Workmen's compensation laws as means by which industry shares part of the burden of the human toll incident to the cost of production are reaching the maturity of their development. The adoption of such laws has been wide; all but two states in the union now have some provision by which employees engaged in most lines of work are compensated without regard to fault for injuries caused by their work.
Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review
Master And Servant - Action By Employer Against Chauffeur, Michigan Law Review
Michigan Law Review
The owner of an automobile suffered personal injury and injury to his car when his chauffeur ran into another vehicle. Held, in overruling defendant's demurrer, that an employer has a cause of action against his chauffeur for negligence, there being no grounds. of policy against such an action and there being no joint enterprise and hence no negligence imputed to the employer. Darman v. Zilch, (R. I. 1936) 186 A. 21.
Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard
Master And Servant - Independent Contractor - Salesman As Servant Or Independent Contractor, Milton M. Howard
Michigan Law Review
Plaintiff was injured as a result of a collision between his automobile and one being driven by N. N was a traveling salesman for defendant company and plaintiff sued both N and the company. It was held that, under the facts of the case, while N had been negligent, and was therefore liable, defendant company was not liable, for N was an independent contractor. Holloway v. Nassar, 276 Mich. 212, 267 N. W. 619 (1936).