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Articles 1 - 18 of 18
Full-Text Articles in Law
Stock Broker's Liability Under Customs, Usages, And Rules, Robert H. Jackson
Stock Broker's Liability Under Customs, Usages, And Rules, Robert H. Jackson
Cleveland State Law Review
Within the framework of this article, it is proposed to consider, in summary form, the doctrines of custom, usage, and rules frequently violated by stockbrokers.
Book Review, David S. Lake
Book Review, David S. Lake
Cleveland State Law Review
Reviewing Encyclopedia of Negligence, Central Book Company, 1962
Tort Liability For Misstatements Or Omissions In Sales Of Securities, Lawrence J. Hayes
Tort Liability For Misstatements Or Omissions In Sales Of Securities, Lawrence J. Hayes
Cleveland State Law Review
This article deals with certain civil liabilities created by the Securities Act of 1933 and the Securities Exchange Act of 1934 in connection with the sale of securities. It is centered on liability occasioned by misstatements or omissions in sales of securities.
Parent-Child Tort Actions, Richard W. Dunn
Parent-Child Tort Actions, Richard W. Dunn
Cleveland State Law Review
The rule in all states that have heard such actions is that an unemancipated child cannot sue his parent for a negligent tort in their ordinary family relationships. There does not appear to be any exception to that rule, unless the "business injury" rule (discussed below) is an exception. It is the opinion of this writer that this iron rule is archaic and should be changed. A total stranger may recover damages for the negligent act of a person who may be a parent, yet that same parent's own child may not recover.
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Cleveland State Law Review
The general rule in the United States today is that an unforeseen heart attack which leads to loss of consciousness, or to inability to maintain control of a motor vehicle, is not negligence. When an operator of an automobile is suddenly stricken by a heart attack, and as a consequence there is an injury to a person or damage to property, a defense based upon the fact of a heart attack will preclude recovery by an injured plaintiff.
Unfair Competition In Use Of Corporate Names, John P. Diamond
Unfair Competition In Use Of Corporate Names, John P. Diamond
Cleveland State Law Review
It is well settled that the law will give equitable protection to the prior appropriator of a corporate name against a subsequent unauthorized use by a junior corporation. In most states statutory recognition is given to the property right which a corporation acquires in its own name, usually in the form of a prohibition against another corporation choosing a name the same as or deceptively similar to that of the prior incorporator. Although it has been suggested by one author that the courts should give broader effect to the statutes, nevertheless the great majority of the cases are decided under …
One-Man Corporate Entity In Torts, James A. Thomas
One-Man Corporate Entity In Torts, James A. Thomas
Cleveland State Law Review
This article is confined to a summary of the liability of a sole shareowner for the torts of his employees or of himself in the execution of the corporate business.
Liability Of Parent Corporation For Tort Of Subsidiary, Richard H. Burgess
Liability Of Parent Corporation For Tort Of Subsidiary, Richard H. Burgess
Cleveland State Law Review
Much has been written about liability of parent corporations for acts of their subsidiaries, but much of the material principally concludes that there is no clear law on the subject. The present article is an attempt to illustrate several of the more recent cases defining various lower common denominators useful in analysing corporate entity problems related to parent and subsidiary corporations.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Illusory Defense Of Contributory Negligence In Product Liability, George E. Bushnell Jr.
Cleveland State Law Review
As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as "contributory negligence" and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim …
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Cleveland State Law Review
What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …
Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach
Medical Arsenal Of A Personal Injury Lawyer, Albert Averbach
Cleveland State Law Review
It is amazing how little attention is paid by the trial lawyer to the enormous impact of traumatic injuries upon the human body. Generally, the trial lawyer is content with a woefully inadequate knowledge about the body, and the meaning of but a few medical terms. It is the purpose of this article to arouse the interest of those previously immune to the suggestions of the importance of a fuller knowledge of this subject and to point the way toward those wonderful repositories of information that should beknown by all. [Appended to these remarks is a bibliography of recommended books, …
Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake
Traumatic Neurosis As A Distinct Cause Of Action, David S. Lake
Cleveland State Law Review
The purpose of this article is: (1) To define traumatic neurosis on a medico-legal basis. (2) To determine when damages may be recovered for traumatic neurosis through a review of recent cases.
Contributory Negligence Of Children, James H. Keet Jr.
Contributory Negligence Of Children, James H. Keet Jr.
Cleveland State Law Review
We will deal primarily with the child of tender years and will touch only briefly on the teen-ager in the field of contributory negligence. We will first examine the characteristics of younger children which the courts have emphasized in applying the doctrine of contributory negligence and then review the rationale underlying the way in which the courts have applied the doctrine to the child. We will find that the "capacity" of a child to be contributorily negligent has presented problems which are related to the standard of care which the child, if capable of contributory negligence, must observe in order …
Contributory Negligence In Product Liability, S. Burns Weston
Contributory Negligence In Product Liability, S. Burns Weston
Cleveland State Law Review
This article does not purport to be exhaustive. It does explore the extent to which classical defenses of contributory negligence, assumption of risk and their relative, "misuse of product," are available in product liability actions. Caveat: By the time this printer's ink is drysome of these applications may be available no longer.
Contibutory Negligence In Medical Malpractice, W. David Alderson
Contibutory Negligence In Medical Malpractice, W. David Alderson
Cleveland State Law Review
Three categories of cases have been noted out of the mass of factually individualistic ones concerning medical malpractice and contributory negligence. The first, where a breach of duty owed the patient by the physician is lacking, involves an injury produced by the patient's own negligence. In the second, the patient's negligence directly contributes to the severity of an injury already present because of the physician's negligence. The plaintiff-patient's damages are not mitigated but rather entirely precluded in light of his acts. Thus a plea of contributory negligence is a complete defense. The third category includes those cases where a time …
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Silent Growth Of Comparative Negligence In Common Law Court, David K. Siegel
Cleveland State Law Review
The common law view of contributory negligence theoretically still obtains in most jurisdictions. Thus, if the plaintiff's negligence proximately contributes to his resulting injury or damage, he is barred entirely from recovery. But this rule is "honored in the breach" in a growing number of jurisdictions that theoretically do not accept the doctrine of comparative negligence.
Contributory Negligence In Europe, Huib Drion
Contributory Negligence In Europe, Huib Drion
Cleveland State Law Review
The Dutch law relating to contributory negligence is entirely judge made law, as it is in France and Belgium and in the other countries which have derived their civil codes from the Code Napoleon. We have here a good example of the advantage of the more elastic development of judge made law in the countries with codified laws, at least in the field of the law of torts.
Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman
Actions In Contract Resulting From Aircraft Crashes, Stephen M. Feldman
Cleveland State Law Review
The purpose of this article is to examine possible causes of actions sounding in contract available in cases of death or personal injuries arising out of aircraft crashes. The ability of the plaintiff to sustain an action in contract may have a decisive effect on the outcome of the litigation in any one of the following respects: First, as a general rule the law of the place of the accident governs tort actions, while the law of the place of contracting governs contract actions and for one of several reasons it may be advantageous to the plaintiff to avoid the …