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Articles 1 - 10 of 10
Full-Text Articles in Law
Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale
Attorney's Liability In Non-Client And Foreign Law Situations, John E. Martindale
Cleveland State Law Review
This article will examine the liability of an attorney for an incorrect opinion where the complainant is not the attorney's client. It will also give special consideration to the problem of giving advice on the law of a jurisdiction other than the attorney's own state.
Moral Challenge To The Legal Doctrine Of Rescue, Gerald L. Gordon
Moral Challenge To The Legal Doctrine Of Rescue, Gerald L. Gordon
Cleveland State Law Review
Our legal code prescribes no general duty, other than moral, to come to the aid of another human being who is in danger, even though the outcome is to cost him his life and even though no greater act is required of the putative rescuer, as in the Genovese situation, than phoning the police. This principle of law is so deeply established and solidly entrenched that there are no known reported cases directly controverting it.
Negligent Parking Of Automobiles, James G. Young
Negligent Parking Of Automobiles, James G. Young
Cleveland State Law Review
Liability for an accident involving both a moving vehicle and a stationary one is most commonly imputed to the moving vehicle. However, numerous cases involving various fact situations have held otherwise. It is the object of this note to review the reasoning of these decisions.
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Cleveland State Law Review
This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.
Book Review, James T. Brennan
Book Review, James T. Brennan
Cleveland State Law Review
Reviewing Lester S. Jayson, Handling Federal Tort Claims, Matthew Bender & Co., 1964
Foreseeability In American And English Law, Harry G. Fuerst
Foreseeability In American And English Law, Harry G. Fuerst
Cleveland State Law Review
Foreseeability is "the ability to see or know in advance, hence, the reasonable anticipation that harm or injury is the likely result of acts or omissions." In order to determine culpable negligence and establish the right to recover for a wrong, there must be a sequence of events like concatenation, or a series of united events like the links of a chain, called proximate cause. The definition of proximate cause is, "that cause which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred."
Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund
Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund
Cleveland State Law Review
Seaworthiness within the field of the general maritime law, and negligence as applied under the Jones Act and the Longshoremen's and Harbor Worker's Act afford ample remedies to the parties covered by the respective acts and by the strict liability imposed upon the owner of an unseaworthy vessel. But by allowing recovery under theories that mix the two remedies the courts are creating an additional remedy not granted by Congress when it adopted the Jones Act and the Longshore Act.
Book Review, Jacob M. Fridline
Book Review, Jacob M. Fridline
Cleveland State Law Review
Reviewing Robert F. Keeton, Legal Cause in the Law of Torts, Ohio State University Press, 1963
Insurance Companies' Liability For The Acts Of Agents, Kenneth Montlack
Insurance Companies' Liability For The Acts Of Agents, Kenneth Montlack
Cleveland State Law Review
The formerly prevalent view that a party to an insurance contract is bound by his representations in all respects has been modified. Today, an increasing variety of acts or declarations by the insurance agent will shift the liability to the insurance company. The company is held to be estopped from pleading the insured's contract violations which were due to the actions of the insurer's agents. Because the general rules of agency apply to insurance agents, the company is responsible for those acts of a licensed agent performed within the scope of his authority.Thus the two problem areas in determining the …
Shopping Center Parking Lot Liability, Beverly E. Sylvester
Shopping Center Parking Lot Liability, Beverly E. Sylvester
Cleveland State Law Review
More than sixty-eight million automobiles were registered in the United States in 1963 alone. This horde of automobiles, along with the mass exodus to the suburbs, has caused shopping centers to become integral parts of community living, and has made facilities for parking around them of principal importance. The resultant revolution in merchandising has extended the property owner's duty of care to include such parking areas.