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Articles 1 - 6 of 6
Full-Text Articles in Law
Ftca In A Nutshell, Orville J. Weaver
Ftca In A Nutshell, Orville J. Weaver
Cleveland State Law Review
The Federal Tort Claims Act is a partial waiver of sovereign immunity. In Rayonier, Incorporated v. United States, the United States Supreme Court stated: "The purpose of the Federal Tort Claims Act was to waive the government's traditional all encompassing immunity from tort action and to establish novel and unprecedented governmental liability." This legislation does not create a new cause of action, but merely means that the United States is liable for certain negligent acts in the same manner as is anyone else.
Prenatal Injuries, Andrew L. Johnson Jr.
Prenatal Injuries, Andrew L. Johnson Jr.
Cleveland State Law Review
Our courts have been increasingly perplexted by the question of whether or not an infant should have a right of action for personal injuries negligently caused to its body prior to birth. Stated another way, does an infant while in its mother's womb have an interest in the freedom from invasion of its bodily security equivalent to and commensurate with that of a person already born?
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing William B. Wright, The Federal Tort Claims Act, Central Book Company, Inc., 1957
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle
Cleveland State Law Review
The instrument termed a release is a contract that clearly portrays a meeting of the minds. It explicitly states a release from liability for known, unknown, present, and future injuries. In attempting to avoid such a release the party ordinarily may allege the grounds he may have under the law of contracts. In personal injury releases, these grounds usually take the form of charges of fraud or misrepresentation, coercion, inequitable circumstances, mutual mistake of law, unilateral mistake of fact, inadequate consideration, or mutual mistake of fact. We shall deal here with the defense of mutual mistake.
Tort Trends In 1957, Melvin M. Belli
Tort Trends In 1957, Melvin M. Belli
Cleveland State Law Review
This articles discusses trends in tort cases in 1957, including adequate awards, avaition law, jury fixing, the need for medico-legal training, insurance limits, consortium, charitable immunity, assumption of risk, res ipsa loquitur, workmen's compensation, injuries in utero, warranties, interfamilial suits, expert witnesses, dead men's statutes, and personal injury law reform.
Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson
Charitable Immunity: The Plague Of Modern Tort Concepts, Ronald M. Lipson
Cleveland State Law Review
It is the purpose of this paper to analyze the grounds upon which charitable institutions have been granted immunity from tort liability, to consider changing conditions and concepts affecting immunity, and finally, to discuss the extent to which the immunity exception should be abandoned.