Law Commons^™

Trespassing Children: A Study In Expanding Liability, R. Neal Batson

Vanderbilt Law Review

When confronted with a case involving a child plaintiff, attorneys and the courts should recognize that the doctrine of attractive nuisance is only one of several theories on which the plaintiff may proceed against a landowner. The status of a plaintiff should first be determined. If the child is a trespasser, then either the constant trespasser theory, the known trespasser theory, or the doctrine of attractive nuisance may be applicable. It is possible, however, that the court may reject any one or all of these theories and decide the particular case under the general negligence principles of foreseeability of harm …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust Law--Conspiracy To Eliminate Discounters From Automobile Market a Per Se Violation of Sherman Act

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Antitrust Law--Merger of Two Major Competitors in Industry with History of Concentration Violates Section 7 of Clayton Act

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Criminal Law--Future Confessions Will Be Inadmissible Unless Specified Pre-trial Procedures Are Followed

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Juvenile Courts--Juvenile Delinquent Entitled to Hearing On Question of Waiver of Jurisdiction

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Labor Law--Public Carrier Can Make Unnegotiated Unilateral Changes in Collective Agreements When "Reasonably Necessary" To Maintain Service

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Labor Law--In Future NLRB Elections, Employer Must Furnish List of Employees' Names and Addresses

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Taxation--Thin Incorporation Not Tantamount to Disqualification …

Book Reviews, John W. Wade Dean, Gray Thoran Professor, Ronald M. Maudsley Professor Of Law

Vanderbilt Law Review

THE LAW OF RESTITUTION

By Robert Goff and Gareth Jones

London:Sweet & Maxwell, 1966. Pp. xxix, 540.

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CASES AND MATERIALS ON RESTITUTION

Second Edition.

By John W.Wade Brooklyn

The Foundation Press, Inc., 1966. P. xl, 866. $12.00.

Workmen's Compensation For Radiation Injuries In Tennessee, E. Blythe Stason

Vanderbilt Law Review

We lay to one side, so far as this article is concerned, the impact of the atom on general tort liability in Tennessee. Such important aspects of the total subject as strict liability, nuisance actions, third-party liability, and joint and several liability we reserve for another occasion. Hopefully radiation will be so well regulated that the injuries to outsiders will be few and far between. We also lay to one side possible injuries in Tennessee resulting from the extensive operations of the federal government in the nuclear field. Such injuries receive special handling either by federal agencies (e.g.,the Bureau of …

Legally Responsible Cause Flexibly Construed, Lawrence Vold

Vanderbilt Law Review

Society is constantly changing. Because of the rapid developments in technology and related fields of science, the pace with which change will occur will accelerate. Law, also, as the recognized means of order in society must change rapidly to meet the demands of the new society. How can changes be implemented without destroying the stability? Short answer: A flexible legal process--a process not confined to rigid, precise rules, but a flexible process capable of meeting on the basis of reason and justice the cases as they arise.

Misrepresentation And Third Persons, William L. Prosser

Vanderbilt Law Review

"The assault upon the citadel of privity is proceeding in these days apace." So said Cardozo in 1931, and he has been much quoted since. But the case' in which he said it was one of misrepresentation causing pecuniary loss to a third person who acted in reliance upon it, but to whom it was not made. It is in this area that the assault upon the citadel has made, during the intervening thirty-five years, the least headway, and has broken down into a tangle of more or less unconnected struggles which are apparently making no great progress in any …

Landowner's Negligence Liability To Persons Entering As A Matter Of Right Or Under A Privilege Of Private Necessity, Donald W. Fish

Vanderbilt Law Review

In modem tort law, the liability of occupiers of land for their negligence depends in the first instance upon the status of the plaintiff upon the premises. This status generally determines the level of duty which the occupier owes him, and a vast body of case law has developed dealing with the many aspects of the question.Of the myriad classes of persons to whom some duty of care maybe owed by an occupier, perhaps those who enter the premises by virtue of a legal right, and irrespective of the consent of the occupier, present the most elusive problems in analysis. …